MEETING STATE OF CALIFORNIA AIR RESOURCES BOARD JOE … · BUILDING CALIFORNIA ENVIRONMENTAL...

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MEETING STATE OF CALIFORNIA AIR RESOURCES BOARD JOE SERNA, JR. BUILDING CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY BYRON SHER AUDITORIUM, SECOND FLOOR 1001 I STREET SACRAMENTO, CALIFORNIA THURSDAY, JUNE 23, 2011 9:09 A.M. TIFFANY C. KRAFT, CSR CERTIFIED SHORTHAND REPORTER LICENSE NUMBER 12277 CALIFORNIA REPORTING, LLC (415) 457-4417

Transcript of MEETING STATE OF CALIFORNIA AIR RESOURCES BOARD JOE … · BUILDING CALIFORNIA ENVIRONMENTAL...

Page 1: MEETING STATE OF CALIFORNIA AIR RESOURCES BOARD JOE … · BUILDING CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY BYRON SHER AUDITORIUM, SECOND FLOOR 1001 I STREET SACRAMENTO, CALIFORNIA

MEETING

STATE OF CALIFORNIA

AIR RESOURCES BOARD

JOE SERNA, JR. BUILDING

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

BYRON SHER AUDITORIUM, SECOND FLOOR

1001 I STREET

SACRAMENTO, CALIFORNIA

THURSDAY, JUNE 23, 2011

9:09 A.M.

TIFFANY C. KRAFT, CSRCERTIFIED SHORTHAND REPORTERLICENSE NUMBER 12277

CALIFORNIA REPORTING, LLC(415) 457-4417

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APPEARANCES

BOARD MEMBERS

Ms. Mary Nichols, Chairperson

Dr. John Balmes

Ms. Sandra Berg

Ms. Dorene D'Adamo

Mrs. Barbara Riordan

Dr. Daniel Sperling

Mr. Ken Yeager

STAFF

Mr. James Goldstene, Executive Officer

Ms. La Ronda Bowen, Ombudsman

Mr. Tom Cackette, Chief Deputy Executive Officer

Mr. Bob Fletcher, Deputy Executive Officer

Ms. Ellen Peter, Chief Counsel

Ms. Lynn Terry, Deputy Executive Office

Ms. Analisa Bevan, Chief, Sustainable Transportation Technology Branch, Mobile Source Control Division

Ms. Mary Alice Morency, Board Clerk

Ms. Bonnie Soriano, Staff Air Pollution Specialist, Technical Analysis Section, SSD

Ms. Gayle Sweigert, Manager, Air Quality Analysis Section, PTSD

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APPEARANCES CONTINUED

ALSO PRESENT

Mr. Bill Aboudi, AB Trucking

Ms. Diane Bailey, NRDC

Ms. Rosario Berretta, Daimler

Mr. Tim Brown, University of California, Irvine

Mr. James Boyd, Commissioner, California Energy Commission

Mr. Fernando Corral, Plug Power

Captain Aaron Cudnohufsky

Mr. Steve Eckhardt, Linde, North America

Mr. Stephen Ellis, American Honda Motor Company

Mr. Randal Friedman, Navy Region Southwest

Ms. Katrina Fritz-Intwala, UTC Power

Mr. Cooper Hanning, Natural Resources Defense Council

Mr. Henry Hogo, South Coast AQMD

Ms. Bonnie Holmes-Gen, American Lung Association

Mr. Edward Kiczek, Air Products and Chemicals, Inc.

Mr. Dan Krokosky, Chevron Shipping Company

Mr. Dominick Lee, VA Transportation, Inc.

Mr. Jaimie Levin, Alameda-Contra Costa Transit District

Mr. Marty Lico, Whole Foods Market

Mr. Ronald Light, West State Alliance

Ms. Kathy Long, Ventura County Supervisor

Ms. Joan Ogden, Co-Director, Hydrogen Pathways Program, Institute of Transportation Studies, University of California, Davis

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APPEARANCES CONTINUED

ALSO PRESENT

Mr. Henry Pak, Hanjin Shipping

Dr. Scott Samuelsen, National Fuel Cell Research Center

Mr. Martin Schlageter, Coalition for Clean Air

Mr. Jonathan Sharkey, Councilmember of Port Hueneme

Mr. John Shears, Research Coordinator, Center for Energy Efficiency and Renewable Technology

Mr. Miguel Silva, Horizon Freight System

Ms. Gloria Stockmyer, Stockmyer Trucking, Inc.

Dr. Andreas Truckenbrodt, Automotive Fuel Cell Corporation

Mr. David Tulauskas, General Motors

Mr. Mike Upp, ClearEdge Power

Mr. Michael Villegas, Ventura County

Mr. Justin Ward, Toyota Technical Center

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INDEX

PageItem 11-4-1

Motion 4Vote 4

Item 11-4-2Motion 6Vote 6

Item 11-4-3Chairperson Nichols 6Executive Officer Goldstene 7Staff Presentation 9Mr. Corral 137

Item 11-4-4Chairperson Nichols 141Executive Officer Goldstene 141Staff Presentation 142Q&A by Board 150

Item 11-4-5Chairperson Nichols 154Executive Officer Goldstene 156Staff Presentation 157Navy Presentation 174Mr. Villegas 183Ms. Long 185Mr. Sharkey 187Mr. Schlageter 188Mr. Hogo 190Mr. Hanning 192Ms. Bailey 193Mr. Friedman 195Mr. Krokosky 197Ms. Holmes-Gen 199Q&A by Board 201Motion 213Vote 214

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INDEX CONTINUED

Page

Public CommentMr. Schlageter 215Ms. Stockmyer 217Mr. Silva 218Mr. Aboudi 220Mr. Lee 223Mr. Light 226

Adjournment 238 Reporter's Certificate 239

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PROCEEDINGS

CHAIRPERSON NICHOLS: Good morning. I'd like to

call the June 23rd, 2011 public meeting of Air Resources

Board to order.

And we will begin, as we normally do, with the

Pledge of Allegiance. If you'll all please rise.

Please rise.

(Thereupon the Pledge of Allegiance was

Recited in unison.)

CHAIRPERSON NICHOLS: Thank you.

The clerk will please call the roll.

BOARD CLERK MORENCY: Dr. Balmes?

BOARD MEMBER BALMES: Here.

BOARD CLERK MORENCY: Ms. Berg?

BOARD MEMBER BERG: Here.

BOARD CLERK MORENCY: Ms. D'Adamo?

BOARD MEMBER D'ADAMO: Here.

BOARD CLERK MORENCY: Ms. Kennard?

Mayor Loveridge?

Mrs. Riordan?

BOARD MEMBER RIORDAN: Here.

BOARD CLERK MORENCY: Supervisor Roberts?

Professor Sperling?

BOARD MEMBER SPERLING: Here.

BOARD CLERK MORENCY: Supervisor Yeager?

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BOARD MEMBER YEAGER: Here.

BOARD CLERK MORENCY: Chairman Nichols?

CHAIRPERSON NICHOLS: Here.

BOARD CLERK MORENCY: Madam Chairman, we have a

quorum.

CHAIRPERSON NICHOLS: Thank you very much.

I have to say that as you're going through the

roll, I was waiting for that one voice that always said,

"Present" when the rest of us said, "Here." Dr. Telles, I

think everybody knows, has left the Air Resources Board to

resume his life as a physician. And we miss him. But

that was one of his hallmarks. We always knew he was here

in the morning.

All right. I have a couple of announcements to

make. That is, if anyone wants to testify and you did not

sign up online, I would appreciate it if you'd fill out a

request card. And we still need you to check in with the

clerk even if you did sign in online, no matter what. I

expect we're going to be imposing our usual three-minute

time limit. And we appreciate it if people state their

first and last name when they come up to the podium, but

then put their testimony in their own words rather than

reading their remarks, because the written remarks will be

entered into the record.

I'm also required to ask you to look for the

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emergency exit signs that are at the rear and the side of

the room. In the event of a fire alarm or any other

emergency, we would be required to evacuate the room and

go outside until we get an all-clear signal.

So I think that's it for the official

announcements.

And my understanding is that our first item of

business this morning is the public hearing on the

particulate matter; is that correct?

EXECUTIVE OFFICER GOLDSTENE: Well, It's a

consent item, yes.

CHAIRPERSON NICHOLS: Oh, that's a consent item.

Okay.

EXECUTIVE OFFICER GOLDSTENE: We have two consent

items first.

CHAIRPERSON NICHOLS: Okay. Sorry.

EXECUTIVE OFFICER GOLDSTENE: That is one of

them.

CHAIRPERSON NICHOLS: Okay.

EXECUTIVE OFFICER GOLDSTENE: And the other is

about amendments to area designations for --

CHAIRPERSON NICHOLS: Yes, I see.

EXECUTIVE OFFICER GOLDSTENE: -- I mean the

components in the heavy --

CHAIRPERSON NICHOLS: Okay. So the emissions

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measurement allowance --

EXECUTIVE OFFICER GOLDSTENE: Right.

CHAIRPERSON NICHOLS: -- for the heavy-duty

diesel compliance regulation is a consent item. And we

were simply going to find out if there was anyone who had

asked to testify or if any Board members wanted to take

this item off the consent calendar.

Seeing none, then we are able to just go ahead

and close the record.

BOARD MEMBER RIORDAN: Would you like a motion?

CHAIRPERSON NICHOLS: I think we officially close

the record.

And if you have any ex partes to disclose, we

still need to make sure that we disclose them. I don't

see any.

Okay. Then we just need to make sure that you've

all looked at Resolution 11-19. And then I would ask for

a motion.

BOARD MEMBER RIORDAN: Madam Chairman, I would be

happy to approve the staff presentation and

recommendations and the resolution for this item 11-4-1.

BOARD MEMBER D'ADAMO: Second.

CHAIRPERSON NICHOLS: Thank you.

All in favor please say aye.

(Ayes)

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CHAIRPERSON NICHOLS: Any opposed?

All right. Carries unanimously.

This is a relatively new procedure for us, so

we're a little bit hesitant going through it here. But I

think it's a good one where we have a relatively routine

item for Board action and there isn't any public wish to

testify on it.

Okay. And then the second item --

BOARD MEMBER BERG: Madam Chairman, I think it's

great also to say that this particular amendment was

worked on by industry, by all stakeholders, and all

stakeholders agreed with the end result. And that was a

very positive. Sometimes we rush over those things and we

don't have them very often. So congratulations to staff.

CHAIRPERSON NICHOLS: Thank you. Thank you for

pointing that out.

Okay. The next item on the consent calendar is

Agenda Item 11-4-2, which is to consider the approval of

some proposed amendments to the area designations for

state ambient air quality standards.

And, again, I guess I should ask the clerk if any

witnesses have signed up to testify on this item.

BOARD CLERK MORENCY: No.

CHAIRPERSON NICHOLS: No.

Okay. Are there any Board members who would like

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to take this item off the consent calendar?

If not, then we can close the record. And all

the staff recommendations have been entered into the

record and any written submissions that we had. And we

have not been asked to extend the time period, so I will

officially close the record on this one. This is one

that's similar to an action we took on PM a month or two

back.

May I have a motion then?

BOARD MEMBER RIORDAN: Madam Chairman, I'd be

happy to move the staff recommendation and the resolution

that is before us.

CHAIRPERSON NICHOLS: All right. Do I have a

second?

BOARD MEMBER BALMES: Second.

CHAIRPERSON NICHOLS: All right. All in favor

please say aye.

(Ayes)

CHAIRPERSON NICHOLS: Any opposed?

Okay. Again, this is carried unanimously.

And we can now move to an informational report on

the status of fuel cell and hydrogen technology and

infrastructure. And I see we have a panel here of

distinguished guests to assist us in this effort.

Just to say a few words here. California has

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been working for a long time on zero emission vehicles,

the distributed generation, and other technology

development programs that have touched on the topic that

we're about to consider here today. The purpose of this

item is to give us an overview of how fuel cells and

hydrogen play a crucial part in achieving clean air and a

healthy environment. And I think we have been accused, I

would say it in those terms, of being an agency that has a

particular bias in favor of fuel cells. And I'm very

proud of the fact that we have played as critical a role

as we have over the years in advancing this technology. I

don't think it's a bias that's against any other form of

technology. We have maintained our commitment that our

goal here is clean air and reducing our impact on

greenhouse gases worldwide. And we believe, and

increasingly we now have good evidence to support the

fact, that this is one technology which can play a

critical role in getting us to where we want to go.

So with those few words, I guess I'd like to ask

Mr. Goldstene to introduce this item and our panel.

EXECUTIVE OFFICER GOLDSTENE: Thank you, Chairman

Nichols.

As you know, the Board established the zero

emission vehicle, distributed generation and various other

regulations and programs that foster the development and

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deployment of cleaner or zero emission technologies. The

deployment of fuel cells and hydrogen is a part of the

strategy for reducing smog-forming and climate-change

emissions in order for the state to attain its air quality

requirements and environmental policy goals.

In-house analyses have indicated that in order

for the transportation sector to achieve its fair share

reductions of climate change emissions by 2050, the

light-duty vehicle fleet in California must consist almost

entirely of vehicles using hydrogen fuel cells, battery

electric vehicles, and plug-in hybrids fueled by biofuels.

In addition, significant emission reductions can be

achieved through the use of fuel cells in stationary

applications to generate power, heat, and in some cases

hydrogen.

In the following presentation, staff and

stakeholders will present the status and challenges of

deploying fuel cells in stationary and mobile

applications.

I'm now going to turn the presentation over to

Analisa Bevan of the Mobile Source Control Division, who

will provide an overview of today's activities.

Analisa.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, James.

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I'll bring up our presentations.

(Thereupon an overhead presentation was presented

as follows.)

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Good morning, Chairman Nichols and Board

members. Today a collection of representatives from

industry, academia, and public interest groups will

present you with an overview of the status of hydrogen and

fuel cell as used in vehicle and stationary applications.

We are providing this technology showcase in order to

prepare you for several regulatory decisions coming this

fall that may heavily rely on these technologies for

optimal success.

Presentations will include a brief overview of

what we've done to date to support hydrogen and fuel cells

and a primer on why hydrogen is of interest from an energy

and environmental standpoint. We'll hear reports on the

status of fuel cell technology, how well they're

performing, their durability, and their cost productions.

In our presentations from industry we've asked

presenters to provide you with a vision for the business

case and commercialization path for fuel cells and

hydrogen as well as to highlight any specific challenges

they face in bringing fuel cells and hydrogen to market in

California.

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Finally, we would like to leave you with a sense

of what actions are needed to ensure success for fuel cell

and hydrogen adoption and commercialization.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: We're devoting a pretty generous amount of

time on your agenda to discuss this technology. Why is it

so important to us, you may ask. This slide may look

familiar. We've presented it a couple of times to

illustrate the way in which our vehicle fleet will need to

rapidly transition to electric drive in order to meet an

80 percent reduction in greenhouse gas emissions by 2050,

as Mr. Goldstene alluded to in his opening remarks.

This graph shows a fleet mix scenario that has

changed the 80 percent reduction target. In this scenario

nearly all of the cars on the road are electric drive.

While we expect that battery electric vehicles and plug-in

hybrids can make up a good chunk of that fleet, in order

to reach the vast majority of the market fuel cell

vehicles with driving range and refuel times similar to

what we experience now with gasoline cars will be needed.

An introduction of those vehicles into the new car sales

market needs to begin in the very near future in order to

build the population to the level shown here.

So we feel it is important to relay to you the

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status of this technology, as it plays such an important

role in reaching our climate change goals.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: So what has California been doing to support

hydrogen and fuel cell commercialization to date? We've

been a very active partner in hydrogen and fuel cell

commercialization since the late 1990s. With the

formation of the California Fuel Cell Partnership and the

California Stationary Fuel Cell Collaborative, we've

marked our commitment to working with our industry,

government, and energy provider partners to pave the way

for fuel cells and hydrogen markets. These organizations

formed to share information across stakeholders, remove

road blocks and work together to facilitate preparation of

California as a leading market for fuel cells and

hydrogen.

Our more tangible contribution in the last five

years has been our investment in hydrogen infrastructure.

Starting with the development of California's hydrogen

highway network plan in 2004 and culminating in the

funding of 9 stations by the Air Resources Board and 12

stations by the CEC so far, the state has demonstrated a

commitment to establishing a critically needed,

efficiently distributed, and publicly accessible network

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of retail hydrogen stations. The state's investment in

hydrogen infrastructure totals $35 million to date.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: This slide shows the cluster approach to

developing the hydrogen infrastructure network, with a

focus initially on the western portion of the greater Los

Angeles region and the beginnings of station deployment in

the San Francisco Bay Area and Sacramento. These clusters

support the automakers' marketing plans for consumer

placements of vehicles now and in the near term. And

today's showcase will hopefully provide you with a sense

of how this nascent network will need to grow and how real

the cars are that will make use of it.

As you will no doubt hear from our presenters,

this network is a start, but only a start, to what will be

needed to support full commercial rollout of hydrogen fuel

cell vehicles.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: We're taking the opportunity now to update

you on hydrogen and fuel cells because coming in November

our Advanced Clean Cars Regulatory packages will have

several components that include hydrogen and fuel cells in

the compliance mix.

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First, the Zero Emission Vehicle Amendments

package will be proposing increases to the volume

requirements for ZEVs, with expectations that the mix of

technology used to meet pure zero emission vehicle

requirement will rely heavily on fuel cell vehicles in the

outer years of the program. Our goal for the requirements

is to reach the technology cost reductions achieved

through volume production by 2025.

Second, the Clean Fuels Outlet regulation will be

amended to better incorporate fuels used by ZEVs,

especially hydrogen. The Clean Fuels Outlet is a

regulation which requires the installation of alternative

fueling outlets when a specified number of alternative

fuel vehicles reaches the market. This acts as a

backstop, ensuring that new fuel is available to support

emerging alternative fuel vehicles.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: The program we've laid out for you today

will be a series of panels covering introductory

groundwork on energy and environment, stationary

applications, fuel cells used in motor vehicles, and

infrastructure. Each panel will be seated up here with me

to give their presentations. And at the end of each panel

session, hopefully we'll have time for questions and

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answers.

At the conclusion of our last panel, we'll move

to a tour of exhibits outside in the courtyard downstairs

where we will be able to see examples of the technologies

being presented.

--o0o--

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: So without further cutting into our agenda

of expert speakers, I will now turn the presentation over

to our first introductory panel. We will hear from our

sister agency, the California Energy Commission, about how

hydrogen plays in California's energy future; from our

colleague in the NGO community, who will share our

perspective on fuel cells and hydrogen from a renewable

energy and overall system efficiency standpoint; and from

our research partner at UC Davis to provide an overview of

how hydrogen stacks up environmentally compared to other

motor vehicles fuels.

So we'll start with a presentation from

Commissioner James Boyd from the California Energy

Commission.

CEC COMMISSIONER BOYD: Thank you, Analisa.

Good morning --

CHAIRPERSON NICHOLS: Good morning. No stranger

to the Air Resources Board.

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CEC COMMISSIONER BOYD: -- Chairman Nichols and

Board members. It's great to be back, and I appreciates

the invitation to participate in this showcase of

stationary mobile applications.

And thank you for recognizing the role that the

Energy Commission plays in this arena. As most of us

know, our two agencies are literally joined at the hip -

energy, air quality energy, environment energy, climate

change, you can't separate them. So we spend long hours

and the staff spend long hours working together on a

variety of issues.

But it's particularly pleasing for me to be here

and hear about this technology, which of course I followed

as a member of the staff of the Air Board long ago. And

So I'm personally pleased to see progress in the

development of what many of us consider the ultimate clean

fuel.

I'm giving only an oral presentation. I hear

today -- well, I've seen advanced previews of some of the

presentations and I knew the subject would be very

thoroughly covered. I may choose to provide you some

additional information because in five minutes I couldn't

possibly tell you all that the Energy Commission has done

down through the years in the fuel cell area. But I'll

comment on some overarching policies from an energy

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perspective that certainly touch on some of our role in

hydrogen.

In many ways the development and use of hydrogen

are centered on energy either as a fuel or, as many

believe, as an electricity source, one way or another;

which will explain why the Energy Commission has had and

continues to have a fairly significant role in this area.

As a fuel, we see and have seen hydrogen as a

major long-term contributor to displacing petroleum in the

2020 to 2050 time frame and helping us achieve energy

diversity goals adopted by both the ARB and the CEC.

We also see hydrogen as a significant option to

achieve reductions of greenhouse gases and criteria air

pollutants, something we've both worked on together for a

long, long time.

As an electricity source, we've added hydrogen to

the list of renewable electricity options for quite some

time. Now, to help achieve our 33 percent renewable

portfolio standard and even more so the idea that fuel

cells are expected to be a major component of our state's

distributed generation goals and program, particularly

since Governor Brown has really emphasized the role of

distributed generation in our electricity energy future.

And even though we are just seeing some of the

earlier stages of development, we've seen lots of and paid

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for lots of research and development. We're now seeing

demonstration and deployment of fuel cell technology. We

expect hydrogen fuel and electricity projects will produce

many of the high technology jobs that this state is noted

for, and we certainly look forward to those opportunities.

The Energy Commission has two main tracks for

hydrogen work, stationary and mobile source. I'll start

off with mobile source since it's perhaps more familiar.

And of course we've been a player with your agency for

quite sometime in the fuel cell partnership, managing some

of the programs and always participating as a charter

member of that activity. And, finally, after years of

collectively working together, succeeded in seeing AB 118,

the so-called Alternative Fuels and Vehicle Technology

Program, passed a few short years ago to provide money to

the Energy Commission and the Air Resources Board to

invest in alternative fuels and vehicle technology for our

future.

The Energy Commission has made some substantial

awards and plans to do more, $16 million awarded, to

develop the first-phase hydrogen fueling station network

at eleven sites in southern California, the San Francisco

Bay Area, and in Sacramento. One of the projects of

course was for the transit station at AC Transit In The

Bay Area. And it'll be used to fuel 12 hydrogen buses in

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the Bay Area.

An additional $18 million has now been allocated

and awarded, and this fall we expect to see these dollars

expand the network to create the foundation for the 50,000

hydrogen vehicles that are promised by 2015.

Many of the infrastructure installers and

operators who receive these funds, I note, are here to

speak to you today. So you will be thoroughly briefed on

those subject areas.

The CEC signed a $4 million agreement with the

California Department of Food and Agriculture's Division

of Weights and Measures to create a standard to dispense

fuel and allow fueling stations to sell the fuel. And we

all anxiously await for that project to be completed.

It's underway. We hope to see the results next year.

Hydrogen projects are also eligible under the 118

program and funds have been allocated for medium-duty and

heavy-duty vehicles in engine prototype development. And

vehicle and component plant manufacturing plants are also

eligible for these dollars, leading to my comment about

jobs in our future.

I would like to note that the Energy Commission's

Public Interest Energy Research Program, or PIER Program

as we know it, which is before the Legislature for

reauthorization we all hope, has long funded analyses and

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development of stationary hydrogen fuel cell projects,

including work at a host of demonstration sites and

objectives to improve power density and a variety of

applications in the electricity area.

I guess I'm done.

One last comment, if I might. Bioenergy and

biopower are now a big issue for all of us - biofuels,

biopower, all within the framework of bioenergy. These

are major activities that the CEC, and for me personally,

and the idea of renewable energy for hydrogen is a major

objective of ours. We are suddenly seeing a huge interest

in distributed generation of small fuel cells as back-up

generation for lots of activities. As a result of federal

requirements that fuels -- that cell tower operators and

railroads and light rail systems have back-up systems,

they're all turning to us suddenly for fuel cells and

renewable hydrogen, and we are about to launch some

significant programs there.

And in closing, I would just say the PIER Program

has done incredible amounts of work on road maps for

stationary fuel cells, advanced fuel cells, and of course

supported as long as we legally could the vehicle arena.

So thank you for this opportunity. And I

continue to look forward to working with this agency for

my remaining six months on this topic. But I know the

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agency will continue to work in cooperation as we have for

years.

CHAIRPERSON NICHOLS: Thank you very much,

Commissioner Boyd. It has been a long-term partnership,

as you say, with the Energy Commission providing more than

its fair share of the funding and probably taking more

than its fair share of the heat for any opposition that

was out there. But I think it's -- without, you know,

dwelling on that aspect of it too much, I think it's a

really good example of how a long-term commitment from a

policy perspective to try to look for ways in which we can

partner in finding technologies that will meet our policy

needs has really paid off. And obviously that's the point

of today's showcase, is to let people see some of the

examples of things that are coming to the floor.

So I just want to thank for taking your time on

short notice to come and be with us this morning and for

your leadership on this issue. Thanks a lot.

CEC COMMISSIONER BOYD: Thank you.

CHAIRPERSON NICHOLS: Analisa, are you going to

introduce our next speaker,

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Yes, I am.

CHAIRPERSON NICHOLS: Okay, great.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

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CHIEF BEVAN: Our next speaker is John Shears from the

Center for Energy Efficiency and Renewable Technology.

MR. SHEARS: Good morning, Chair Nichols and

members of the Board. Thanks for the opportunity to speak

today on our hope for the future -- continuing future with

hydrogen and the fuel cells.

So just make sure my technology works here.

--o0o--

MR. SHEARS: So in feeding off Commissioner

Boyd's remarks, I here thought it would be useful to just

show the potential resource and the potential for

synergies on renewable biogas. And we at CEERT are very

excited about, you know, the opportunities to potentially

leverage this very substantial resource here in California

for use in fuel cells. This is also very compatible with

Governor Brown's initiative seeking to have 12,000

megawatts of distributed generation deployed -- renewable

generation, distributed generation deployed in California

by 2020.

--o0o--

MR. SHEARS: I won't belabor the benefits of

fuel cells except to, you know, highlight the fact that

from renewable resources of course we get near zero CO2

emissions. We're always leery about always claiming zero.

But functionally close enough to zero on CO2 emissions.

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And of course the great, great air quality benefits that

come from the use of fuel cells. And I know under our SIP

challenges there's hope for opportunity where fuel cells

may help fill in for some of the black box emissions

reductions the Board and air districts are seeking.

--o0o--

MR. SHEARS: So we at CEERT like to think of fuel

cells as a family of technologies and are thinking about

how to build an ecosystem around fuel cells. And as it

turns out, we have a very fine example right now with the

Orange County Sanitation District. And I understand Dr.

Samuelsen will be talking more extensively about this

later today. But this is an example where we can take

advantage of the synergies where we have biogas resources

available to use to generate power so we don't need to

build new capacity on the broader grid and also use

surplus biogas to generate renewable hydrogen from which

we can also fuel fuel-cell vehicles.

--o0o--

MR. SHEARS: So indeed, besides this just being a

concept, this project is actually up and running as of

this spring and is in fact generating power and producing

hydrogen for the fueling of vehicles.

--o0o--

So speaking of vehicles, you know, CEERT and many

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of the NGOs who work on clean transportation are strong

supporters of fuel cell vehicles, while also being strong

supporters of battery electric and various forms of

plug-in electric vehicles.

We see fuel cells as having an important part to

play because they have applications that, you know, we can

see as being more directly linked to conventional

approaches to personal transportation for the time being.

And also in the medium and the heavy-duty sectors, fuel

cells are more amenable to use in long haul transport.

Battery electrics have more compromise capacity

at the moment, so they're more amenable to smaller,

lighter vehicles; shorter trips; more suitable probably to

dense urban environments. But that's not to say that

batteries don't also have a role to play, and applications

are being developed in the medium and heavy-duty sectors;

and, in fact, in the South Coast there's work underway on

drayage classic-type trucks.

But certainly fuel cell vehicles in the long run

we feel have an important role to play and we can see a

clearer path for more conventional applications of fuel

cells, you know, setting aside the challenges that we face

with the infrastructure.

--o0o--

MR. SHEARS: So the infrastructure still remains

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a challenge. CARB has funded fueling stations in the

past. The AB 118 program through Energy Commission is

continuing to do that now. And what we hope for in the

future is that both the CEC through the AB 118 program can

build the infrastructure to help create the market

conditions suitable to help with the implementation of the

clean fuels outlet regulation once that is finally

formulated and put into implementation.

So we look forward to working together with both

California Air Resources Board and the Energy Commission

to develop a comprehensive approach to expedite

infrastructure in support of the 2015 to 2017 deployment

especially of the large numbers of passenger vehicles

coming into California.

Thank you.

CHAIRPERSON NICHOLS: Thank you.

Any questions at this point?

We'll let you all finish the presentations, I

guess. Thanks.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, John.

Our next speaker is Dr. Joan Ogden from the

Institute of Transportation Studies at UC Davis.

DR. OGDEN: Thanks, Analisa.

(Thereupon an overhead presentation was

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presented as follows.)

DR. OGDEN: Let's see. I'll go to my first slide

here.

I'm going to talk a little about the

environmental performance, especially with respect to

greenhouse gas emissions for hydrogen fuel cell vehicles

and compared to several other alternatives.

--o0o--

DR. OGDEN: One of the interesting things about

hydrogen, like electricity, you can make it from lots of

different things. And this gives a lot of diversity of

supply. Just, for example, renewables like wind or solar

or can be used to electrolyze -- power electrolyzers to

make hydrogen. You can make hydrogen from a variety of

biomass roots, including the biogas root that John

mentioned, but also gasification. Also make it from

fossil fuels, natural gas, which is the most common way

that hydrogen's made today. About over 90 percent of the

hydrogen in the U.S. comes from that. Or you could even

use nuclear electrolysis.

--o0o--

DR. OGDEN: So the energy use depend on which

pathway you choose for hydrogen. All of them are not

equal. And what we really are interested in in the

vehicle applications is looking well to wheels. So we

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have a zero emission vehicle with hydrogen. That would

also be true for electric. So we have to look at all the

upstream emissions. So you count all the emissions and

energy use involved in energy extraction, let's say in

this case producing natural gas, moving that to a hydrogen

production plant, producing the hydrogen, and trucking the

hydrogen to a fueling station and using it.

So I'm going to now present some comparisons on

this well-to-wheel basis, comparing hydrogen to other fuel

vehicle pathways. So the hydrogen fuel cell vehicle to

some other fuel vehicle pathways.

--o0o--

DR. OGDEN: This is a pretty complicated slide,

and probably study that later on. But there are a couple

of things I wanted to emphasize. I don't know if I have a

pointer here.

Well, but anyway. Up in the top of this bar we

have some -- we have conventional internal combustion

engine vehicles - gasoline vehicles and natural gas

vehicles.

Moving down we get more electrified. We have

hybrid electric vehicles, things like Prius or the other

hybrids that we have.

And then plug-in hybrids and battery electrics.

And then finally at the bottom fuel cells.

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And these are well-to-wheels calculations that

were carried out by the Department of Energy, counting up

all the emissions and making, producing and using the

fuel. So some of these like gasoline of course have

tailpipe emissions. But hydrogen or electricity battery

cars, it's just the emissions upstream of the vehicle.

And we find some interesting things when we

compare this. And I'm going to go to the next slide where

I'll just kind of say in words some of the highlights from

this slide. I also sent I guess to Analisa the back-up

material, and there's a website there if people want to

look at the assumptions more.

--o0o--

DR. OGDEN: Interestingly, if you make hydrogen

from natural gas, which is the most prevalent way it's

made today, you would reduce greenhouse gas emissions

something like 40 to 55 percent compared to a gasoline

internal combustion engine in a comparable car of a

comparable size.

If you go to a hybrid -- gasoline hybrid, the

fuel cell's from natural gas, it's probably 10 to 20

percent lower greenhouse gas emissions well to wheel, and

maybe 15, 25 less than a CNG vehicle.

So the point being is even with hydrogen made

from natural gas, which is a fossil fuel, you still get a

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significant reduction in greenhouse gas emissions well to

wheels.

If we compare now some of the other options on

the chart, if we look at -- let's assume we are using the

U.S. grid mix and the hydrogen from natural gas, battery

EVs would have similar well-to-wheels emissions to

gasoline hybrids and somewhat greater -- a little bit

greater than hydrogen fuel cells. So that's kind of the

average U.S.

If you take California's lower carbon grid mix,

lower carbon electricity, then the well-to-wheels

emissions with battery EVs are a little bit less than

hydrogen fuel cells. But it's higher -- but if you made

hydrogen biomass, the emissions would be higher for the

EV.

So the pathways, you need to compare them

carefully.

--o0o--

DR. OGDEN: But now going a little bit further

into the future. Just one point is that the emissions

from EVs depend on the grid mix. This is a graph that was

put together at MIT and it shows -- up top there we see

California and U.S. grid mixes. And we're comparing the

greenhouse gas emissions per kilometer for different

options.

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Unless you substantially decarbonize from where

we are at the average U.S. now, the average U.S. mix,

which is the endpoint, you don't get much benefit with

electric vehicles versus gasoline hybrids. So you really

need to go to a lower carbon grid to get the full benefit.

--o0o--

DR. OGDEN: That's also true for hydrogen. So

the greenhouse gas emissions depend on the primary energy

source. For fuel cells the emissions depend on the source

of hydrogen. For electric vehicles, they depend on the

source for electricity. Both EVs and fuel cell vehicles

could reach near zero well-to-wheels emission in the

longer term if you make them from low carbon primary

energy sources like renewables, for example, wind, solar,

biomass, or fossil with carbon captured sequestration. It

will take some time to decarbonize those primary sources,

that is, to move to a lower carbon grid and to implement

lower carbon hydrogen.

--o0o--

DR. OGDEN: I'm going to just show, since I don't

have much time left, this is from a study by the Electric

Power Research Institute and the National Resources

Defense Council, showing a reasonable trajectory for

decarbonizing the grid in the U.S. And by 2050 you could

probably cut this by two-thirds from where we are now or

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maybe even more.

--o0o--

DR. OGDEN: Here's a similar thing for hydrogen.

This is based on a National Academy study. We show early

supply of hydrogen from natural gas because that's the

lowest cost way to make it. And in future supply you

bring in biomass and other renewables. And again you

could get this two-thirds reduction.

One more slide.

--o0o--

DR. OGDEN: This is a scenario for low carbon

hydrogen in California that was done by my colleague,

Chris Yang, at Davis and myself. Here we look at

initially -- the little blue area in the bottom is natural

gas. That's how we get started. Then we phase in

hydrogen from biomass and hydrogen from electrolysis with

low carbon sources. And the black line shows the

greenhouse gas emissions' intensity.

So you start out with a system that would be

maybe a roughly 50 percent reduction from a gasoline

vehicle. But you can go to very low by 2050 and even by

2030 according to this scenario.

So bottom line is there's a potential to go very

low emissions with hydrogen and also electric.

Thanks.

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CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: We now transition.

CHAIRPERSON NICHOLS: Well, let's not.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Oh, sorry. Questions. Sorry.

CHAIRPERSON NICHOLS: Let's give the panel a

chance to answer a few questions, or comment if anybody

has any.

Yes, I think there are a couple of us do. So why

don't I start with you.

BOARD MEMBER D'ADAMO: I'd like to get some

information on cost and economy of scale, not just for

vehicles but distributed generation; and then also for the

production of electricity, looking at the fuel source

issue; and, you know, how many of these need to be built

before the cost comes down.

MR. SHEAR: I think probably our next panel --

some of the folks on our next panel will probably have a

better sense of being able to answer those questions. I

was aware that that question would be raised. But I think

Katrina on the next panel is -- and the others, both on

the high temperature and low temperature fuel cells, would

probably be able the answer those questions.

CHAIRPERSON NICHOLS: Dr. Sperling.

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BOARD MEMBER SPERLING: Yeah, I wanted to make a

comment, you know, partly to reflect to a comment you

made, Chairman Nichols, that resonated with me; and, that

is, California really is a leader, and what we're doing

here is so important, you know. In the hydrogen fuel cell

area of course it's especially important because there's

been a faltering in Washington on this issue. But I mean

our position here is that we're biased -- if I can

slightly adapt your words, Chairman Nichols, we are biased

towards a low carbon future. And, you know, as we've

heard from the panelists, including my brilliant colleague

Joan Ogden - and I'm very pleased to have her here - you

know, we don't really know exactly how this future is

going to play out. We know electricity is going to play a

role. We know hydrogen's going to play a role. We know

biomass. And so the idea that we in California are taking

a role in supporting all of these and making sure that all

of them are part of the solution is so important. And,

you know, the world is watching what we do here.

And so it's just wonderful to see this panel, and

I'm really looking forward to the industry because, as we

just heard, cost is so important in the commercialization

plan. And it's so important that we in California support

industry in making those investments. And so, you know,

we're here as a partnership, and that's why it was great

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to have Jim Boyd here reflecting the partnership with the

Energy Commission. And I would point out in the past that

South Coast Air Quality Management District has played,

you know, a very important leadership role in getting fuel

cells going, especially when our former Chairman was

playing a leadership role there, Allen Lloyd.

So this is wonderful. This is beautiful. I love

it.

CHAIRPERSON NICHOLS: All right. That's great.

I have a question for any of the panelists, if

you'd care to comment. Because I see that the structure

of our presentation today reflects, you know, really a

bifurcation that we have between the stationary and mobile

source applications of fuel cells, which reflects sort of

the way we deal with everything in this business, it

seems, in terms of looking at air pollution sources and

greenhouse gas emissions. There's a stationary world and

there's a mobile world. And fuel cells are fuel cells.

And I guess my question for you is, if anybody

would care to comment on it, do you see synergies between

these two programs and are there ways that we could

benefit from a more integrated approach perhaps than we

have today to get more bang for the buck, if you will, for

our fuel cell program.

Anybody care to --

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CEC COMMISSIONER BOYD: Looks to me like we all

want to comment on this one.

CHAIRPERSON NICHOLS: Oh, okay. Good.

CEC COMMISSIONER BOYD: I'm going to disagree

slightly with you that fuel cells are fuel cells. That's

not -- fuel cells are fuel cells, but the technology of

fuel cells and the fuels approach are different.

Stationary and mobile fuel cells tend to use different

technologies for that reason.

Stationary -- mobile fuel cells are really

brutalized in the field by drivers in vehicles, and so

they have to be incredibly robust. And so there's been a

particular approach in that arena.

Stationary fuel cells are just that, stationary,

and usually not subject to the kind of motion and abuse

that motor vehicles are subject to.

So there have been different approaches.

But there have been and continue to be synergies,

you're right on that point exactly. And in terms of the

fuel source, that's where we come together. I mean as you

saw from Professor Ogden's presentation, they all need

hydrogen. And so where we get the hydrogen from is what

we're all working on. And it may differ for the different

applications, depending upon location and what happens to

be in close proximity.

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Biogas comes from lots of different sources and

it may be better for stationary than for mobile

applications unless it ends up just in the pipeline with

natural gas. And, thus, you have a renewable component of

what we call natural gas or methane, in any event.

So those are my comments. I think there's others

coming in.

DR. OGDEN: I think with use of hydrogen it opens

up some new interactions between the transportation sector

and the electric sector.

One example is what you might call a

tri-generation system. You start with a feedstock, could

be biogas or natural gas, and you can reform that and than

produce heat and power for building and also produce some

hydrogen for vehicles. And I think this kind of setup is

actually being used in the Fountain Valley station.

That's an intriguing way of getting started or for certain

applications.

So I think it opens a whole kind of new

cross-talk between those two sectors in the energy system.

MR. SHEARS: Yeah, and I agree. I mean they're

different technologies, a proton/electron membrane for

vehicles and a molten carbonate and solid oxide,

phosphoric for a stationary generally.

But certainly the reason I want to, you know,

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propose us looking at this Fountain Valley project as we

move forward, especially now that we have the context of

the Governor's distributed generation goals, I think, you

know, I want to explore -- you know, I've talked briefly

with Mike Tollstrup up at staff and the Energy Commission

about thinking about how we could road map to sort of

maximize these opportunities. Right now, there may be

some, you know, fairly obvious sweet spots. But we need

to also be thinking, you know, where things are going to

be 10, 15, and 20 years down the road.

So the synergies aren't necessarily just the

immediate synergies, but be thinking about how we can

incorporate, you know, future synergies into our thinking

and our planning.

CHAIRPERSON NICHOLS: Thank you.

Others?

Yes.

BOARD MEMBER BERG: Could you comment for us, and

on the layman's side of the comments, please. My

recollection when we were looking at the last ZEV and

talking about the future, that battery technology was a

little further but in the end game probably not the

answer, that fuel cells looked more promising for the

endgame. In the last couple of years, how do you see the

technology moving forward? Obviously you're encouraged

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that fuel cells is making great strides. But how do you

see that moving forward in a way towards

commercialization? And do you have a feel for what type

of time frame?

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: I can take that.

I think we'll hear from our panel number three,

the automakers. I previewed their presentations and

talked with them, and they're going to give you kind of a

technology portfolio presentation that shares how battery

electric vehicles, plug-in hybrids, hybrids, other

advanced technologies and fuel cells all play and the way

in which they interact together to meet our goals long

term.

I think you're right, that our presentation in

2009, which talked about battery electric vehicles coming

to the market faster in specific applications but that

long term we saw fuel cell vehicles perhaps being more

cost effective, still holds. But the battery electric

vehicles will fulfill a specific niche, as John mentioned,

the smaller vehicle applications, shorter range trips,

maybe urban environment; where fuel cells have a better

role to play in the larger format vehicles and meeting

longer range needs.

So really to transition our entire vehicle fleet,

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we have to have technologies that meet all the different

needs of our vehicle users. And so battery electrics and

fuel cells both play.

BOARD MEMBER BERG: And then how about in the --

I know I said the ZEV program. But also how about in the

stationary source arena then?

CEC COMMISSIONER BOYD: Let me comment first

on -- Analisa used the magic word that I would use and

want to amplify and, that is, portfolio. And I want to

make it a diversified portfolio.

It is the policy of the Energy Commission and the

energy area in total to strive for and look for a

diversified portfolio of technologies and fuels; and

therefore, her comments were appropriate. There are

different niches for pure battery electric vehicles, for

hybrid electric vehicles that utilize batteries, and for

fuel cell vehicles.

And in the stationary or electricity generation

arena, there remains the same diversified portfolio. It's

a little more obvious with solar and wind and hopefully

more biomass in the future; natural gas, as we know it

today, being supplemented with renewable natural gas. And

we're looking to take advantage of some of the activity in

the vehicle area to help us in the electricity area.

One of the important things -- one of the

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problems we deal with in electricity is the intermittency

of wind and solar, and we need energy storage. And

there's multiple approaches, batteries being one of those

approaches. And we have a very large research project

underway - ITS Davis is involved in it - with regard to

how to use spent vehicle batteries as energy storage

devices, maybe even in our homes eventually to absorb some

of the home-based distributed generation that may be

facilitated in the future.

So there are lots of synergies, lots of

possibilities of crossover here. And it just drives home

even more than in the past the absolute necessity, rather

than desirability, the absolute necessity of our agencies

working together in this arena to look for and discover

these synergies earlier rather than later.

MR. SHEARS: You know, I noted on one of my

slides that McKenzie & Company, one of the leading

international consultants that works in this area, did a

report where they noted on the vehicle side moving out

towards 2020 they expected that the costs -- total costs

for all of the vehicles, battery, fuel cells, advanced

conventional - because conventional vehicles are going to

get even more sophisticated technologically going forward

- those costs of producing those vehicles are expected to

converge.

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Right now, batteries are the most expensive

component in a battery electric and plug-in hybrid

electric vehicle. So batteries in some ways face similar

challenges that, you know, engineers are working on for

fuel cells in terms of - and I note that on one of my

slides as well - in terms of getting the weight down,

reducing the cost, enhancing -- you know, improving the

durability.

Batteries and fuel cells actually were born

technologically around the same time, in the mid-1800s.

And in fact they're related electrochemical technologies.

And a lot of the approaches that are looking to increase

the power of batteries actually make -- if they work,

would make batteries look more like fuel cells. So there

are a lot of parallels that are going on. I'm sure that

the follow-up panel that talks about that, they'll be able

to speak a little more about some of the developments in

those areas.

BOARD MEMBER BALMES: I have one naive question

that you prompted when you were talking about the

differences in technology in terms of fuel cells for

stationary purposes versus vehicle purposes. Could you

amplify, and again in layman's terms, the basic

differences in those technologies?

MR. SHEARS: Probably it would be -- it might be

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better to have one of the other panels speak to that.

BOARD MEMBER BALMES: That would be fine.

MR. SHEARS: Broadly, for vehicles, they're the

class of technology that is used uniformly now for fuel

cell vehicles.

And on the stationary side they use different --

I'm trying to avoid -- they use the key component that

allows you to derive the electricity from the hydrogen.

That component, which is either -- you know, they use a

different catalyst, let's use that phrase, whether they're

using high temperature molten carbonate or a phosphoric

acid or what's known as a solid oxide fuel cell. It's

using a different approach in terms of how it's generating

electricity from the hydrogen feedstock.

There was a time early on where they were playing

around with solid oxides in vehicles. But pretty much all

of the vehicle manufacturers have moved away from that

technology application for vehicle use.

DR. OGDEN: If I could just add something quickly

to that.

One of the characteristics of different kinds of

fuel cells is they have different electrolyte materials

and, you know, cycles, but they also operate at different

temperatures. So the ones that you use on vehicles tems

are actually called low temperatures fuel cells, and they

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may be around 100 C, plus or minus. But some of the

others operate at much higher temperatures, and that's

more suitable for power generation and maybe other --

adding other cycles, molten carbonates and solid oxide.

CEC COMMISSIONER BOYD: You know, one of the

things we get from these high temperature fuel cells used

in stationary applications is the possibility of gaining

other uses from the high temperature, combined heat and

power or combined cooling, heat and power - very strong

possibilities - and actually there are demonstrations of

those going on right now.

BOARD MEMBER SPERLING: Let me put some of this

in perspective though. You know, it would be incredible

hubris for any of us as regulators, academics, advocates

to say we know what 2050 is going to be like, what

technologies are really going to be in place. And, you

know, I think the important lesson for ARB or policymakers

is to make sure that we are supporting and encouraging and

incentivizing those technologies that are promising. But

we don't really know, you know. We have some idea. We

keep learning every year, you know. We know more. We

know more since the 2009 review. We'll know more next

year.

But, you know, we do know that fuel cells and

hydrogen will be part of the solution. We do know that

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batteries and electricity will be part of it. We know

biomass -- biofuels will be. We don't know how much of

each in different regions and different technologies. And

so, you know, I just want to not get us ourselves too

caught up in trying to predict the exact future or pick

winners or losers at this point. We've done a good job of

I think screening out a lot of losers and -- but we've

still got a big list of, you know, potential winners.

So we don't know what the costs are going to be.

We don't know, you know, the performance of these

technologies. There's lots of exciting opportunities.

So I want to make sure that we don't start

thinking that we're so smart that we're going to figure it

all out here. And certainly when we hear from industry, I

know that more thoughtful people in industry are going to

say the same thing. And their challenge is they're making

investments. And so our role is to make sure that we

support, you know, investments that do lead to reducing

oil use, reducing pollution, reducing greenhouse gases.

CHAIRPERSON NICHOLS: Thank you. That's a very

good segue to the next panel.

Thank you all so much for coming and getting us

started this morning.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: We'll turn now to our second panel,

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stationary fuel cell applications. In this panel we'll

hear about how stationary fuel cells are being used in a

wide variety of applications, small and large, and wrap up

our session with a case study of fuel cell units placed in

a retail grocery setting.

And I will say a huge thank you to all of our

speakers today. We had a Herculean effort to bring

together all of these panels. And, unfortunately, we had

one speaker unable to get from North Carolina out here.

His flight just got canceled. And so I will thank you,

Katrina, in advance for giving his presentation as well as

your own.

And we will get started with Katrina

Fritz-Intwala from UTC Power.

(Thereupon an overhead presentation was presented

as follows.)

MS. FRITZ-INTWALA: Good morning. I'm Katrina

Fritz-Intwala with UTC Power.

CHAIRPERSON NICHOLS: Could you move the

microphone up closer to you. The system is -- yeah, thank

you.

MS. Fritz-Intwala: Better?

CHAIRPERSON NICHOLS: Great. Thanks.

MS. FRITZ-INTWALA: I'm Katrina Fritz-Intwala.

I'm with United Technologies Corporation. And the Power

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Division is creating large stationary fuel cells,

transportation fuel cells as well. So today I'm going to

focus on the large distributed generation. I'm also chair

of the Industry Advisory Panel to the California

Stationary Fuel Cell Collaborative, which is co-chaired by

Mary Nichols and Dr. Scott Samuelsen from UC Irvine.

--o0o--

MS. FRITZ-INTWALA: So first, to talk about the

value proposition for large stationary fuel cells for

distributed generation. There's really three pieces to

this. There's the economic value, the technical value,

and the environmental value.

So where there is a high spark spread or there's

a high cost of electricity, low cost of natural gas today,

fuel cells play very well. They can achieve up to 80 to

90 percent efficiency using these large stationary

systems, as John Shears was talking about, in combined

heat and power applications as well as combined cooling,

heat and power. And I'll explain a little more about that

in the next presentation.

So right now the customers, if they see about

three to five-year payback, this will make sense for them

to invest in fuel cells.

Additionally, fuel cells can run in back-up power

mode. So they can produce the power and heat for a

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facility, for a building. I'll show you some of the

different sizes of those systems today. But another

economic value is that they will maintain that critical

load for those businesses that are using these today.

And also there are emergency shelters or places

like schools that can serve as emergency shelters that are

required to maintain those power loads.

The environmental value. As you know, in California

especially, with a lot of your goals related to AB 32,

fuel cells can contribute greatly to the reduction in

emissions. They are virtually pollution free. There is

zero water consumption in producing power from a fuel

cell. And they also are being used in LEEDs buildings

around the country as part of the LEED certification.

--o0o--

MS. FRITZ-INTWALA: So now I want to tell you a

little bit about the different markets where these are a

good fit. So the fuel cells play well where there is a

24/7 demand for heat and power.

So 24/7 supermarkets. There's a lot more new

supermarkets being built that are a larger size, that are

open 24 hours. They have a very strong need to maintain

power so that there is no food spoilage in the event of an

emergency.

Bottling plants, which are high heat process.

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And then mixed-use residential. So the

traditional sense of mixed-use residential where there is

a building that has residential units and retail

commercial space. But other buildings that operate like

that, like a hospital, a university dormitory, a prison, a

hotel, those are all also a good fit.

And then you can also use these for utility scale

generation moving multiple units together.

--o0o--

MS. FRITZ-INTWALA: So today we have 33 megawatts

of stationary fuel cells online in the State of

California. This is the commercial market for deployment,

because of the support from the State of California to

date. We've had great commercial traction at this point.

And those are really installations across the state in

various markets and industries.

--o0o--

MS. FRITZ-INTWALA: So the phosphoric acid power

plants. There's one at St. Helena Hospital in St. Helena.

These systems today have a 20-year system life, with a

10-year stack life. I think that's important to point

out. There has been a lot of progress technically to get

to this point where they can compete with other

technologies.

--o0o--

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MS. FRITZ-INTWALA: Albertson's in San Diego,

which is a grocery store application.

--o0o--

MS. FRITZ-INTWALA: Cox Communications for their

office space and data centers.

--o0o--

MS. FRITZ-INTWALA: And Whole Foods Market in San

Jose, which I'll tell you more about later as well.

--o0o--

MS. FRITZ-INTWALA: The molten carbonate power

plants. Again, these are all the very high temperature

fuel cells. They're installed at Sierra Nevada Brewing

Company; a wastewater treatment plant in Tulare, which

this is a renewable fuel application installation; Cal

State Northridge; and the Sheraton Hotel in San Diego.

--o0o--

MS. FRITZ-INTWALA: And solid oxide power plants,

they're installed at eBay in Silicon Valley. These are

multiple hundred-kilowatt units ganged together for

multi-hundred kilowatt output. And Google in Silicon

Valley as well.

--o0o--

MS. FRITZ-INTWALA: So I quickly want to talk

about the Self-Generation Incentive Program in California,

which is a key policy enabler. This program was suspended

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in January. And the Public Utilities Commission is

currently working to reinstate the program with a new

proceeding. But this has really hindered our commercial

progress in the State of California. This is very

important.

We had a lost traction. There were hundreds of

units being installed. And we have not been able to

proceed with customers this year without that California

incentive. So getting this back online quickly is very

important.

Additionally, the Emerging Renewables Technology

Program, which Commissioner Boyd referred to, is critical

for the small back-up power units as well in getting that

back online.

Thank you.

CHAIRPERSON NICHOLS: Thanks.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, Katrina.

Our next presentation is from Mike Upp at

ClearEdge Power.

MR. UPP: Thank you.

It's a little bit like the Gong Show, right?

(Laughter.)

CHAIRPERSON NICHOLS: Yeah. That thing is

brutal, I know.

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(Thereupon an overhead presentation was presented

as follows.)

--o0o--

MR. UPP: So I'm going to talk a little bit about

small scale or small footprint fuel cells. They go across

a wide array of applications and industries, a lot of

which Katrina referred to. But I think the one I would

point out is the Japanese model.

Literally there are over 10,000 about 1 kw fuel

cells installed in Japan providing combined heat and power

in distributed mode and -- sorry about that -- providing,

you know, across their whole country. And I think they've

done a very good job of mixing government and industry to

come up with a way to really quickly deploy these units,

and we're going to see that significantly grow.

Also small fuel cells would fall into the back-up

power for telecom towers, as someone was referring to

earlier; baseload heat and power; autos; and for forklift

applications.

--o0o--

MR. UPP: So from a real I guess what I would

call a primer on how a CHP small footprint fuel cell

works, simply takes natural gas into a fuel processor, it

re-forms that into hydrogen. That hydrogen then simply

goes through a series of membranes. People were talking

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earlier about the difference. This is kind of a hybrid

technology between auto and the high-end like UTC fuel

cells. It's about 700 degrees centigrade in that

processor. And it's producing hydrogen that then goes

through a power inverter and is converted to DC power --

or, I'm sorry, to AC power. That AC power is then just

connected to someone's panel just like it was powered from

the grid. And then the heat, that is the byproduct, is

then put through a hydronic system and will heat domestic

hot water, space heating, radiant floor heating. Anything

you're going to use heat for, you can use the heat from

one of these small fuel cells.

--o0o--

MR. UPP: I think for this audience probably one

of the most important things I can talk about is what is

the impact on the environment. Now, doing a number of

these presentations, people always say, "Well, you guys

are not renewable. You run on natural gas." But the

reality is that if you look at a 5 kw combined heat and

power fuel cell, it's going to produce about 90 megawatts

of heat and power on an annual basis. To create that same

amount to the California grid, you're going to use about

6400 therms of natural gas and create 34 tons of carbon.

If you a use a 5 kw fuel cell, you're going to use about

3800 therms. And that is going to reduce your carbon

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footprint by about 37 percent and your fuel cost compared

to the grid by about 40 percent.

--o0o--

MR. UPP: And if you look on a much grander

scale - and the way we like to think about this is kind of

the mid-game, not the endgame for us. But 20,000 5 kw

fuel cells would produce about 860,000 megawatts of power

and about a million megawatts of heat. And the impact on

the environment would literally be taking 240,000 tons of

carbon out of the environment and literally reducing NOx

and SOx to zero.

So, yes, it's not completely renewable today.

But the fact is that if you can reduce the carbon

footprint using this technology tomorrow, or even today,

and reduce it by 37 percent, it's a great step forward.

--o0o--

MR. UPP: I wanted to just take a minute here.

Somebody asked about costs earlier. I thought it would be

very good to be very upfront about what the real numbers

are today, and to also show you by using the same

customer's slide with SGIP and without SGIP.

This first example is with SGIP. You can see

that this customer is going to save about $10,000 a year

by installing this in a high-end residential application.

And their payback is going to be about 4.9 years. And it

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makes the net system cost to that customer with SGIP and

the federal tax credit of about $60,000.

If you take SGIP out of the picture, it increases

that payback by about a year and -- well, let's say a year

and a third. Most customers today on technology

investments are looking for a payback of less than five

years. So the SGIP is definitely an enabling rebate to

the market, if you will, that was causing customers to

buy, and it's now got many customers paralyzed or

canceling orders. So I can't say enough to you about

encouraging you to help get that program back on line.

--o0o--

MR. UPP: I won't read all of this slide because

I've got 13 seconds left. But I would want to hit two

other things on here.

One is, on any energy generation at point of use,

we've got a number of pilot projects going with utility

companies today. And one of the reasons that they're

looking at using our technology is to reduce choke point

on the grids. So instead of having to dig new trenches to

lay high voltage lines to urban congestion points, they're

putting in fuel cell demonstration projects to prove that

they can deliver peak power at the point of use, which

fits right into the whole distributed generation that you

all are trying to prove here in California.

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So with that, I'll just stop talking.

Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you.

Katrina is going to give our next presentation,

which is a case study.

(Thereupon an overhead presentation was presented

as follows.)

MS. FRITZ-INTWALA: Okay. So on behalf of Whole

Foods Market, who could not be here today, I want to talk

to you specifically about their installations in

supermarkets.

So this map shows you how we use the waste heat.

We use both the low grade heat for hot water - that also

is for heating a building - the high grade heat that comes

out of a fuel cell can be run through an absorption tiller

and it can be used for cooling, for refrigeration, and for

freezing. So it causes that greater overall system

efficiency. And we can get up to 90 percent system

efficiency with these fuel cells.

--o0o--

MS. FRITZ-INTWALA: And these are some benefits

that Whole Foods directly wanted me to express to you that

they have been seeing so far in using these fuel cells.

So as I said, they use the processed heat to the extent

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they can use as much as possible to get these

efficiencies.

They also can run in back up power mode. So for

a supermarket, that means that when the power goes out,

they can maintain their inventory. So there's an economic

benefit to that. But there's also a community and

societal benefit because the grocery stores are the places

that need to maintain the food stores in the event of a

disaster or an emergency. Whole Foods most recently

experienced this is the northeast with the tornados and

storms we had go through a few weeks ago. And they had

some systems using fuel cells in stores that stayed up and

running.

Additionally, the decision to use fuel cells was

made by Whole Foods again because of that SGIP in

California.

So I'm going to show you two options.

--o0o--

MS. FRITZ-INTWALA: They looked at a purchase

option and they also looked at a leasing option.

So if you look at the purchase option, the

payback period was 4.9 years. Without the -- and that was

with the SGIP. Without the SGIP, it was ten-plus years,

which meant they could not do it. Now, That still -- the

payback period of 4.9 years still did not meet their

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internal hurdle, their required rate of return.

--o0o--

MS. FRITZ-INTWALA: So we looked at a leasing

option, so what is called an Energy Service Agreement,

which includes everything except for fuel. And what this

allowed us to do is structure this so that they had a

lower upfront cash outlay, lower upfront payments. And

anticipating that the cost of electricity would increase

over time, so will their payments, so it allowed them to

begin using the fuel cell in the store.

Again, this was possible with the SGIP. Without

the SGIP, there still would have been a negative net

present value.

--o0o--

MS. FRITZ-INTWALA: In addition to Whole Foods,

SuperValu is a supermarket company that owns chains across

the country, such as Albertson's. So they also have

chosen to use fuel cells in California at Albertson's

stores. And this is the Albertson's store in San Diego.

These are actual numbers that they're seeing environmental

benefits today.

But they wanted to make sure that -- I expressed

again the importance of SGIP. There's ten stores that

they want to use fuel cells in -- ten additional stores,

contracts that are pending. And without that additional

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California incentive today, they're not going to be able

to do that.

So we have lost, you know, I would say -- by the

time the program's back online, it'll be almost a year of

commercial traction. And that does impact our ultimate

costs and the cost reduction that we can achieve with the

economies of scale.

--o0o--

MS. FRITZ-INTWALA: Okay. Thank you.

CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: So do we have any questions for this panel?

BOARD MEMBER SPERLING: I have two questions.

I understand the vehicle fuel cell technology and

system pretty well, where there's one fuel cell technology

that's been focused on, the PEM (phonetic) fuel cells.

And most of the major car companies have their own

priority designs. They're on the verge of commercializing

it.

But listening to the presentation on the

stationary, I have some questions. One is, you know, I

heard three different technologies talked about. I

understood that phosphoric acid was no longer considered

an important technology for stationary applications or

other applications, I guess. So I'm kind of curious, is

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there -- what's the sorting out on the technology? And

this is important because it goes to some of the questions

our Board had in terms of the synergies and interactions

between the vehicle side and the stationary source side.

So that's the first question. Let me ask just

that question, and then I have a follow-up.

MS. FRITZ-INTWALA: Okay. Sure.

I would say, you know, the actual material for

the catalyst being the difference in those technologies

probably isn't as important as making sure that we have

options that fit best into different applications. Solid

oxide runs at a much higher temperature. It's a newer

technology, so it's still being developed. Ideally it's

going to be a very high temperature system that can

produce even more thermal benefit and higher efficiencies.

It's not yet there today.

Phosphoric acid. There's been hundreds of

phosphoric acid systems installed around the world, and

there are still cost reductions happening in the

technology. As I said, it's now at a 20-year life. It's

not I guess passe technology. It's a mature technology to

the extend that it's performing very well. There's great

durability, great reliability because it has been in the

field for a longer time.

BOARD MEMBER SPERLING: But that doesn't mean

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it's necessarily promising for the future.

MS. FRITZ-INTWALA: If there are other

alternatives that come to bear that are technically

proving to be more efficient, getting higher efficiencies,

and where we can see a faster period of cost reduction,

yes, absolutely.

BOARD MEMBER SPERLING: Okay. And then the

second question is kind of a reality check on all this.

Where does California and the U.S. fit in all of this?

Who's leading? Where's the markets? Where's the

commercialization? How do we fit into that?

MR. UPP: Well, I would say California is by far

the leader.

Is that microphone on?

Okay. And that was really higher rates than most

of the rest of the country probably except for Hawaii and

the SGIP program. So they were kind of the tipping point

and why you saw fuel cell companies focus on California.

So for us, a relatively newcomer to the

marketplace, our two markets are Korea and California

because of the favorable government outlook on fuel cells.

So those were the drivers. I mean, we certainly see that

there's other states. We just opened an office in the

northeast because there's about five states where they

have that same tipping point phenomenon of high rates and

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relatively good incentives.

BOARD MEMBER SPERLING: And are there any things

that ARB is doing that are particularly relevant and

helpful or not helpful?

MR. UPP: Well, listening to you talk about how

much you are loving this interchange of ideas is very

encouraging to me. Because, you know, I think sometimes

we think we're kind of put off as - excuse my French - but

the bastard stepchild because solar and wind get all of

the -- you know, all of the fanfare, if you will. And we

actually believe that we're very complementary technology

and we're part of the total solution going forward. And

we're seeing, I would say, a number of hybrid

installations where people either don't have enough

rooftop to put enough solar to drive enough power for

their building so they're buying solar and fuel cells. We

have an installation going in at San Diego State

University that actually fits that bill.

So, you know, I think it is encouraging and I

think that -- people also asked about where the costs

going, and I wanted to address that as well. So we have

four people whose whole job is cost reduction. And the

guy who leads that team reports directly to our CFO. So

it is one of the most important technology aspects of our

development, because no one's ever been able to prove you

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can build a small scale fuel cell and make it profitable.

And we've gone from -- literally the first units we

shipped cost $100,000 and we were selling them for 50.

Now our cost of goods is almost break-even. And we

believe that within two years we will actually be, you

know, at a reasonable profit margin. So it's actually

happening, but we've got to get past the brick wall that's

kind of been thrown up with the rebate program getting all

messed up.

MS. FRITZ-INTWALA: I'd like to add to the

response on what the Air Resources Board is doing and

could do.

AB 32 has our customers thinking about what they

need to do in the future. That's what's really important,

the end-users and their plans. Cap and trade, ultimately

we expect to see an uptake in the use of fuel cells for

distributed generation with that.

Just the recognition that the Air Resources Board

has that fuel cells are part of the solution. Not that

they are the one solution, not that we know today where

everything's going to fall out, but that they need to be

considered in this is very important.

And also going back to the fuel side. You know,

more than the technology, the fuel ultimately is going to

be what's important, what fuel's being run through those

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systems. And the development of in-state biogas network

is critical. I mean, all of these different technologies

can run off of biogas today, but it's not readily

available. And the sources that are out today are

contracted already. So we need to continue that

development.

CHAIRPERSON NICHOLS: That's very helpful.

Thank you.

DEPUTY EXECUTIVE OFFICER FLETCHER: Mary, if I

can --

CHAIRPERSON NICHOLS: Oh, I'm sorry.

DEPUTY EXECUTIVE OFFICER FLETCHER: -- I wanted

to add a little bit about what ARB's doing through the

California Stationary Fuel Cell Collaborative. There is

this great collaboration amongst all the manufacturers of

the fuel cells. And the work that Scott Samuelsen, that

you'll hear from a little later, has done to sort of bring

these folks together, and Mike Tollstrup's leadership as

the executive director of that as ARB, I think is helping

to kind of focus on the areas that need to be looked at to

promote the technologies, and there are a lot of

applications that we're looking at to try to get off the

ground. And one of those has to do with the dairy

digesters. And the power generation off that has

historically been IC engines, and we don't like that very

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much. And it's costly as well to control it.

So we are looking to try to get some test

programs on the ground to demonstrate the

commercialization of this technology. And part of it's

not as much the fuel cell itself, it's the clean up of the

gas is probably one of the major expenses there.

So as the efforts go on and the

commercialization, you know, proceeds, we expect those

costs to come down and see really a lot of applications

that could go in in a variety of areas that have multiple

benefits.

BOARD MEMBER SPERLING: Is that an example where

there could be an offset protocol for digesters using fuel

cell technology? I mean is that the --

DEPUTY EXECUTIVE OFFICER FLETCHER: Well, we do

have an offset protocol under cap and trade for manure

management already. And I think the question is how do

you link that into these sorts of technologies that take

advantage of that aspect of it as well.

CHAIRPERSON NICHOLS: Okay. I think Dee Dee was

next.

BOARD MEMBER D'ADAMO: Okay. So this is very

useful. I'm getting a lot out of it.

I'd like to focus on the fuel source of the map

that you provided and then the specific examples, Mr. Upp,

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that you provided. Where would you put the percentage in

terms of natural gas as the fuel source versus biogas or

other?

MS. FRITZ-INTWALA: I actually have the actual

numbers here.

The total -- I'll give it in terms of kilowatts.

The total kilowatts that are installed today that are

nonrenewable is about 12,000 kilowatts; and the renewable

is about 10,000 kilowatts today.

BOARD MEMBER D'ADAMO: How about in terms of per

-- but how many facilities?

MS. FRITZ-INTWALA: How many projects? There's

about 26 facilitates that are nonrenewable and 16 that are

renewable.

CHAIRPERSON NICHOLS: Did you have follow-up?

BOARD MEMBER D'ADAMO: Yeah. I'm just trying

to find -- it seems that - and this is a question - the

cost isn't so bad if you use natural gas because there's

infrastructure and a pipeline system; so the cost goes up

significantly if you have to use another fuel source?

--o0o--

MR. UPP: That's true today, yes. But again, as

Katrina said earlier, long term I think the -- you know,

the real goal we'd like to reach is to be able to run

these on biogas, because then it would be completely

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renewable.

BOARD MEMBER D'ADAMO: And then I'd like to have

a little bit of a discussion on AB 32 and where this fits

in with capped sectors. I imagine there are certain, you

know, like refineries where there wouldn't be an

application. But what about manufacturing, some of the

larger capped sectors versus the -- I'm thinking of food

processors? The number that I've been -- of companies

that I've been talking with where they're sort of hovering

around the edge of falling within being a capped sector,

and the application in those industries. I think it'd be

helpful to see may be an example of meeting AB 32 with

fuel cell technology versus another regulatory compliance

method.

--o0o--

MR. UPP: So specifically, you know, to us the

application is high heat and high power usage. So we

don't try to limit ourselves to specifically a, well,

market that we would try to sell into or install at. It

would be more focused on, does that company use a

tremendous amount of heat and power? So we're actually in

the process of putting together an implementation plan for

a linen company, a uniform company that uses a tremendous

amount of hot water and power to run their facility,

because they're producing, you know, uniforms that they

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drive around and deliver to companies. But I'm not sure

that really fits what you're looking for.

CHAIRPERSON NICHOLS: It's not a second per se.

MR. UPPS: Right.

CHAIRPERSON NICHOLS: It's more of a profile of a

type of business.

MS. FRITZ-INTWALA: Well, some of the sectors I

showed in my first presentation, you know, such as high

heat processing plants, like bottling plants, industrial

pharmaceuticals, would be an example of that. The hotels

and casinos, this mixed-use-residential-type area.

BOARD MEMBER D'ADAMO: Have you looked at food

processing?

MS. FRITZ-INTWALA: We are looking at food

processing, yes.

DEPUTY EXECUTIVE OFFICER FLETCHER: I think that

some of the areas that it can -- it can play a role in a

couple different areas. One of them is the utilities

themselves. To the extent that they're using renewable,

then it plays into 33 percent. To the extent that it's

distributed, it's off the grid. So that's one area where

it can play a role in terms of reducing the amount of

electricity that's generated from fossil sources.

I think in the industrial side on things like

food processors, to the extent that there's an obligation

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that the facility has, they have a certain amount of

emissions, if they install fuel cells in, that reduces

their emissions obligations and, you know, helps them meet

AB 32.

So I think there's a number of different areas

where the applications can play a role, and I think that's

something that we're looking at as well. Again, it's a

situation where the cost needs to come down or the SGIP

program needs to kick in.

BOARD MEMBER D'ADAMO: So it seems that for

businesses that are -- or facilitates that are outside --

undistributed, outside the capped sector, what would

really be driving an interest is just the incentive;

there's no regulatory burden that these facilitates have;

it's just the fact that there's an incentive that's out

there; correct?

DEPUTY EXECUTIVE OFFICER FLETCHER: That's true.

There are also potential for offset consideration -- not

GHG offsets, but emission reduction credits that could be

obtained through the use of them. And we do still have

air quality issues outside of AB 32 and we have been

looking at the potential for, you know, fuel cells to

become BACT, for example, on waste treatment plants. So

there are areas there where, you know, you can start with

the new and than look at whether there's any potential to

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retrofit these to achieve emission reductions on the

criteria side, because they are -- you know, they are very

clean systems.

So I think that's kind of the integration I think

of how the systems play so you get GHG benefits and you

get criteria pollutant benefits as well. So we are

looking at areas where you can use these to replace the

existing power sources and achieve emission reductions

through them.

So I think there's incentives even outside GHG

where fuel cells become really important

CHAIRPERSON NICHOLS: I think after today we're

all going to go away with some thoughts about ways in

which we might be able to integrate this better into a --

integrate fuel cell thinking better into our overall

program. And that's hopefully part of the benefit of the

presentation.

I would like to just --

BOARD MEMBER D'ADAMO: I'm sorry. One last --

just an update on the SGIP. I'm not that familiar with

it. Is there interest in renewing it, and at what level?

DEPUTY EXECUTIVE OFFICER FLETCHER: Well, I might

ask Mike Tollstrup to come up and explain it, because I'll

probably screw it up.

But basically it's a program that incentivize

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small generators. And it was a program in place where

there was a fair amount of money but it became sort of

oversubscribed. And so the money was basically -- the

program was halted while the Public Utilities Commission

went through and kind of is reassessing the criteria for

application on the SGIP. So that is in process. I'm not

sure exactly what the timing is. Katrina probably can

answer that question.

CHAIRPERSON NICHOLS: Mike is coming to the

rescue.

DEPUTY EXECUTIVE OFFICER FLETCHER: And there's

Mike to bail me out.

But that's generally what the program is.

PROJECT ASSESSMENT BRANCH CHIEF TOLLSTRUP: Yeah,

as Bob mentioned, the program is currently on hold. And

it's been on hold since about I think it was last December

when the PUC put it on hold. Staff has been working on a

new proposal. We expect to see something come from the

Public Utilities Commission, hopefully this month, but

maybe next month. And then there's some delay before the

program actually gets off the ground and starts, you know,

getting the dollars back out there.

But it is in process. There are a number of

bills also that will affect the program. The funding for

the program is basically done, unless another bill, you

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know, reinstitutes the funding for it. So we're waiting

for one of the legislative proposals out there to take

effect and reinstitute that at least for another year or

hopefully longer.

But there is a lot of work going on, and we

expect it to kick off here soon and the legislation to,

you know, basically bring the funding back to the program,

you know. But it will be almost a year since the program

went on hold, and it has had a significant effect on fuel

cell installations.

CHAIRPERSON NICHOLS: It's always really a big

problem when we have these stop-start programs. And it's

too bad we weren't aware of it earlier and in a position

maybe to be helpful. I don't know if we could have been,

but we could have at least been part of the discussion.

John.

BOARD MEMBER BALMES: Well, just a follow-up

question. So where did the funding come from for the

program before it had to stop?

PROJECT ASSESSMENT BRANCH CHIEF TOLLSTRUP: It

was funding through the CPUC. So it was ratepayer based.

It was about $80 million a year that was given to the

program and distributed for certain technologies, the

start of the solar. And they got -- you know, they went

to another program. And now it's currently available for

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wind and fuel cell projects. You know, some of the

changes that's taking place, they will open that program

up. And there will be other technologies like storage and

other technologies that can meet our distributed

generation standards will have access. But it is about

$80 million a year that has been distributed and has been,

you know, effectively distributed every year.

CHAIRPERSON NICHOLS: But surely the thinking is

going to be how to integrate this more into the bigger

agenda for distributed generation. And that could cause

things to take even longer if we don't really bend

people's attention to getting something done here.

Go ahead.

BOARD MEMBER BALMES: And then just one follow-up

question to Mr. Fletcher's comments.

So both Ms. Berg and I were trying to remember,

do we have any early credits with regard to greenhouse gas

emission reduction in AB 32 at all?

DEPUTY EXECUTIVE OFFICER FLETCHER: Well, there

are some opportunities for early reduction credits. I

don't believe this is one of them. In fact, it isn't one

of them.

MR. UPP: I had one more thing on SGIP.

CHAIRPERSON NICHOLS: Yes, please.

MR. UPP: So to break it apart too, what Mike was

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referring to is that the plan is funded through this year,

so they're actually collecting the ratepayer funds and

they're accruing. It's just the program is on hold. And,

you know, you have to be very forthright with your

potential customer and let them know that they may or may

not get it because there's no guarantee yet because they

don't know what it's going to look like.

Then on the secondary level, it's now just passed

to the Senate, but there was a bill that was passed that

extended the right -- or the ability for the PUC to

collect funds through one more year. I actually just had

a meeting yesterday with Assemblyman Perez, who is the one

who's actually driving the bill. He is trying to get that

increased to three years so you don't have to go through

this, you know, limbo period every year. Because it's

definitely -- like I said earlier, it's causing a crimp in

the system. So if you're inclined to reach out to

somebody in the Assembly, it's Assemblyman Perez who is

the main person.

CHAIRPERSON NICHOLS: This is not the Speaker but

the --

MR. UPP: Yeah, Manuel Perez from the Coachella

Valley in southern California.

CHAIRPERSON NICHOLS: Right. Great. Thank you.

Our legislative director is sitting in the

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audience and she's paying close attention. So she'll

follow up. Thank you.

All right. I think that's -- we are, as usual,

running behind because we're too interested and asking

questions.

But thank you all very much.

And we'll bring on the next panel.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Okay. Panel No. 3 will have a motor vehicle

focus. We're shifting gears literally. We'll start with

a presentation from a fuel cell manufacturer to give us an

overview of the core technology status and then move to a

series of presentations from the automakers about their

experience, plans, and needs relating to fuel cell

commercialization. Finally we'll hear from our fuel cell

bus demonstration partners at AC Transit to give you an

update on the zero emission bus demonstration project in

the Bay Area.

So we'll start with Andreas Truckenbrodt from

Automotive Fuel Cell Corporation.

MR. TRUCKENBRODT: Well, thanks, Analisa and

Chair Nichols and Board members. Thanks for giving me the

opportunity to speak. I have a nice presentation.

(Thereupon an overhead presentation was presented

as follows.)

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MR. TRUCKENBRODT: While it's loading up, AFCC is

a joint venture between Daimler and Ford based in

Vancouver. I have five minutes, five slides, five

messages. And I will definitely speak about cost, because

that of course is one of the most important issues.

--o0o--

MR. TRUCKENBRODT: Message No. 1 is: Fuel cells

are an indispensable element of the mainstream automotive

powertrain portfolio because all the benefits, like they

are zero emission, they are independent from oil, the

efficiency is twice as high as the internal combustion

engine, we do not need to enter compromises in range or

refill times, and the customer is pleased because he has

all the comfort of pure electric driving.

And we've heard that key word "portfolio" before,

and you will hear it more I guess from all of our speakers

here because the fuel cell construct's a very important

element of the whole powertrain portfolio. The battery

electric vehicle plays an important role in the

application of urban mobility. But the fuel cell being

able to power larger vehicles and not having the range

limitation is suddenly a major element.

--o0o--

MR. TRUCKENBRODT: Message No. 2: The fuel cell

vehicle technology is ready for the customer today. We

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have made -- since the first vehicle in 1994 we've made

significant progress in materials, concepts, in the

analysis and simulation tools, in the vehicle integration.

We have as an example reduced the use of platinum

significantly to levels where -- which are comparable to

exhaust catalysts. We will work on new catalysts.

And the vehicles that you will find, that you can

see later today, they are absolutely competitive with

conventional vehicles in terms of the power, in terms of

range and consumption, in terms of free start. They can

start up to minus 15 Fahrenheit or even lower. And

durability, we have reached the goal of more than 2,000

hours. Buses have proven to be able to run 10,000 hours

with no problem.

--o0o--

MR. TRUCKENBRODT: Message No. 3: There is one

challenge remaining, and that is cost. And we are on a

clear and realistic path to get the cost down to be

comparable and equal to advanced conventional vehicles.

And as you can see on the chart, the benchmark is

the hybrid, maybe a diesel hybrid. We are at low volumes

still significantly off there to date. But the levers we

are using are economies of scale, of course; manufacturing

will play a very important role; and this whole thing of

supplier development industrialization is a major element.

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And on that chart on the left bottom you'll see

that in many of the fuel cell components we are in areas

where we are first to industry, whereas conventional car

components -- vehicle components are well proven, you have

lots of competition and suppliers. So we are getting

there.

There is a lot of technologies that we are

working on and we know how to get there in the technology

side for the stack; catalyst; membrane; plates; for the

tank, another important element; and the power

electronics.

--o0o--

MR. TRUCKENBRODT: Message No. 4: These are just

the goals. Can we get there? And there are many studies

out there.

On the left side you have the latest results from

the DOE merit review just recently in Washington, how the

costs of the fuel cell system is coming down to a target

of $30 per kilowatt. This, by the way, are 2002 numbers,

whereas the other dollars are actual dollars. So that 30

translates to 42. We are at 51 in this prognosis now, and

there is still with the measures I explained a good chance

to get there -- or we know we will get there.

I would also like to draw your attention on that

chart on the bottom right. We also know, and this is not

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only -- this is not only us, this is many studies, that

fuel cell electric vehicles can even beat the battery

electric vehicles in terms of cost. So ultimately the

fuel cell electric vehicle is the less expensive zero

emission solution. But, as mentioned before, battery

electric vehicles have their value of course in the urban

mobility.

--o0o--

MR. TRUCKENBRODT: And my last and fifth message

was: The level of the technology where we are and knowing

that the cost is going to achieve the target, the OEMs are

definitely committed to begin commercialization in 2015.

We need, however, the commitment from all the other

stakeholders as well. That is the suppliers, that is the

research institutes and universities, that is government.

And I do not mean we don't have the support there. But it

really requires the involvement and commitment from all of

those. We also need infrastructure, but we know that.

The California Fuel Cell Partnership is a great

example how these stakeholders can work together. And we

really appreciate the big support and the active

participation of the Air Resources Board in the

partnership.

Thank you.

CHAIRPERSON NICHOLS: Thank you.

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SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Our next presentation will start our

presentations from car companies. We'll start with

Stephen Ellis, American Honda Motor Company.

MR. ELLIS: Thank you. And while the slide's

cueing up, my name is Steve Ellis, Manager of Fuel Cell

Vehicle Sales and Marketing, the American Honda based in

Torrance, California.

Let me run through a few slides and provide a few

key messages about what Honda's been doing.

(Thereupon an overhead presentation was presented

as follows.)

MR. ELLIS: The FCX Clarity we introduced in the

market in 2008. We're coming up on three years of leases

to real-world customers in the market.

--o0o--

MR. ELLIS: This slide shows the Honda portfolio

approach of vehicle technologies toward near zero and zero

emission vehicles, with fuel cell electric vehicles - a

long history there, since 1995 - of battery electric

vehicles, plug-in vehicles, hybrid electric vehicles, and

even our natural gas vehicle -- natural gas Civic, which I

would add also benefits -- as a technology that benefits

from investments and work in biogas.

--o0o--

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MR. ELLIS: On fuel cell vehicles we've been

asked to provide answers to a few questions, one of those

about why fuel cell vehicles.

Certainly the major issues are climate change and

energy sustainability, shown in number one, where fuel

cell vehicles provide high efficiency and decarbonized

fuel. Others have spoken to this.

But on the transportation value side, I think

what's becoming better understood is the compelling full

function capability of fuel cell electric vehicles over a

wide variety of vehicle platforms.

So toward greenhouse gas reduction, like here it

says 80 and 50, this is a technology that will play a

significant role; and certainly with petroleum reduction,

with no use of oil.

--o0o--

MR. ELLIS: On the greenhouse gas side, a lot has

been said about that. But in this particular slide,

putting emphasis on the GREET model as kind of a

standardized way of measuring the well-to-wheel value of

vehicles and their contribution to greenhouse gas.

Just focusing on the two green arrows pointing

downward, the point being that whether it's a battery

electric vehicle or fuel cell electric vehicle, both can

provide zero well-to-wheel emissions both at the vehicle

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side and at the fuel side based on that contribution of

renewables.

--o0o--

MR. ELLIS: Honda's activity today. Just let me

cover a few things with where we're at. Customers have

been operating the cars continuously since July of 2008.

Now, this is the FCX Clarity, because prior to that we had

fleet-based programs, we had cars in the hands of various

fleets, including the City of Los Angeles, and we learned

a lot through that.

Now we have real-world customers, paying $600 a

month in a three-year lease of the vehicles, that wake up

everyday and expect the car to provide the value that

they're used to from vehicle transportation.

So a few quotes here. One customer said, "The

excitement of driving has not gone away. I'm so grateful

to have been selected to drive this amazing car."

And another recently said, "Hey, Steve, I sold my

brand X luxury car. The Clarity is meeting all of my

daily transportation needs."

So I think this kind of reflects this voice of

the customer that may have -- they may have gone into it

with uncertain aspects of how it was going to provide

value to them, but it's exceeding their expectations.

Customers are consistently going 200 to 220 miles

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real world between refueling. They have quite a varied

commute. We have some customers with 40-mile one-way

commutes, 80 miles per day and fueling every two to three

days. Others are driving all over the LA Basin, including

taking trips to Victorville, some business owners. That's

their job is driving around southern California visiting

work sites.

The navigation system in this car, it was a

world's first when we put the hydrogen stations in it.

Using voice command, the customer says, "Find nearest

hydrogen station." And it pops them up using a GPS

location base.

We do updates to that as the stations develop.

But it also points out to the customer this focal point of

slow station development. They don't see the changes

coming as rapidly as they would wish.

But we also collaborate very closely with the

fuel cell partnership: Of course the State of

California - CEC, ARB - other automakers and hydrogen

providers in a very credible and ongoing manner for

developing a model for both where stations should be

developed, the capacity of those stations, and the timing

of those stations.

--o0o--

MR. ELLIS: This slide kind of summarizes what's

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becoming better understood, which is the great value of

this full functionality of fuel cell vehicles. A 240-mile

available range, customers are taking routine trips to

Santa Barbara, San Diego, and out to Palm Springs, all on

one tank of fuel, and of course recharging time in less

than five minutes.

--o0o--

MR. ELLIS: So the challenges, work in progress:

On the vehicle side we're continuing cost reduction -

you've heard that - and progressive steps toward

deployment.

But the market preparation maybe is the bigger

task and hurdles, and we're not going to get into that.

But I think you can see there's a lot of work to be done

there. So the collaboration with the Fuel Cell

Partnership, universities, and government is critical at

this time.

--o0o--

MR. ELLIS: Early markets and infrastructure.

I'm just going to summarize this by saying, when we

launched the program, we announced three key cluster

markets. It's only been within the last month that we've

been able to exercise the middle one, which is in

Torrance, because of a lack of stations. Now with the new

what's called pipeline station, we will be able to

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exercise customers in that market.

--o0o--

MR. ELLIS: This is a picture almost three years

ago of one of our customers refueling at the UC Irvine

station. This was a research project station. A single

hose dispenser -- a single dispenser at that operation.

So if one of our other customers pulled up at the same

time, they had to wait - not a long time, five minutes at

max - but they had to wait for the other car to refuel.

--o0o--

MR. ELLIS: Fast forward to today. This is the

Torrance pipeline station. We have multiple dispensers,

multiple hoses per dispenser, and independent control

systems. So simultaneous refueling of four fuel cell

vehicles can be done here. This is a world's first. But

I think it also points out just, you know, how far we've

come but also we're at the early stage of seeing this

occur.

--o0o--

MR. ELLIS: We're delivering through dealers.

--o0o--

MR. ELLIS: In summary, we've learned valuable

lessons, market force lessons, lessons from early station

diversity.

But I think the bottom line is listening to our

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customers. Their number one request is more stations. We

do need accelerated hydrogen station deployment. We hope

that you trust the voice of our customers that we bring to

you and trust the collaborative effort of the OEMs and

hydrogen providers for station needs.

Thank you.

CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, Steve.

Our next presentation is from Rosario Berretta

with Daimler.

(Thereupon an overhead presentation was presented

as follows.)

MR. BERRETTA: Good morning. My name is Rosario

Berretta and I'm responsible for the vehicle deployment

here in the U.S., especially in California. Thank you so

much for inviting us and to speak about fuel cell

activities here in North America.

--o0o--

MR. BERRETTA: With the first slide I would like

to show you a portfolio of different technology where we,

as Daimler, are working in different fields. As you see

on the left side, you see the combustion engine in the

middle, you see the hybridization of ICEs, and on the

right side the zero emission vehicles which are

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represented by fuel cell and battery electric cars.

So we still believe that the combustion engine

has a long time to go. We can increase efficiency. We

can increase also the pollutants -- or to increase the

beneficial of, you know, lowering pollutants.

So if you want to go a further step to increase

the efficiency, you have to make hybrid out of it. You

have different kind of hybrid. You have the full hybrid,

the range extender, the plug-in hybrid.

But if you want to achieve something which is a

really zero emission vehicle, you have to go with the

electric one, and it can be done just by battery or fuel

cell.

--o0o--

MR. BERRETTA: So the next slide shows -- it's a

very, very interesting one because it shows, you know, the

strengths of all the different drivetrains.

The first -- you see there is different

scenarios. You have long distance, interurban

application, or city traffic. So you see the first three

arrows is mainly the combustion engine. And it's nothing

new, that they can go really from long distance,

interurban, and city traffic. It's not a big problem.

But you see that the range on driving with those

cars just only from zero emission is really -- it's small

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with hybrid drive, it's a little bit more with plug-in and

range extender. But only electric cars, like with

battery -- which is powered by battery or fuel cell can go

the full range, you know, by zero emission.

And you see also the difference between battery

electric cars and fuel cell, that battery is more -- you

know, more can be applied for city traffic or interurban,

and the fuel cell can go really for a longer range.

And I think important to say here is also that we

as a car manufacturer - and as Professor Sperling was

saying also before - we don't pick the winner yet. We

know they have different advantages, you know, the

different drivetrains, but we don't want to -- we don't

want to choose right now the winner. And if we want to

achieve, you know, by 2050 80 percent of CO2 reduction,

the only way to do it is to increase the number of

electric-powered vehicles, fuel cell and battery electric

cars.

--o0o--

MR. BERRETTA: We started with our fuel cell

activities more than 15 years ago. And so we showed

different fuel cell cars, different prototypes, different

demonstration vehicle.

And so we were able this year to start the world

drive where we can showcase, you know, the maturity of the

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fuel cell technologies; and the same time to showcase also

the advantage of short refueling and long range of those

cars. We were able to start in Stuttgart, and we drove

around the world with three vehicles driven by journalists

in 125 days and so we could showcase to the world that the

technology is ready, it's there.

The only thing what we need here is the

infrastructure. We were able to refuel our cars with a

mobile refueler, which could, you know -- which could

charge in up to three minutes. But what we need in order

to bring those cars into the market, we need definitely

more hydrogen station.

--o0o--

MR. BERRETTA: And this is why we're trying as a

car manufacturer in Germany to promote the infrastructure.

We're going to build together with Linde more than 20

stations, providing money to build these stations in order

to kick-start the rollout of the infrastructure. And we

expect to get also some subsidies also from the German and

European government.

--o0o--

MR. BERRETTA: Where we are here in California

you see the different stations in green which are on line

right now. Only two of those we can use right now. All

the other, because of technical problems, are not

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operational.

The blue ones are stations which will go on line

in a few months.

But it shows exactly that we need more stations.

We have the cars. We have 5, 6 cars right now in customs,

and we have 20 cars waiting. And our sales division is

hesitating right now to give them to the customer because

no station are ready to go right now. Just only two, the

one in Irvine and the one in Torrance, the pipeline

station.

--o0o--

MR. BERRETTA: So regarding challenges, I mean

technology and cost-wise we think we will be there. The

infrastructure is the main focus and it should be in the

future.

--o0o--

MR. BERRETTA: So regarding the cost, I think

this is a slide which Andreas Truckenbrodt already showed

before. Between the A and the B class we were able to

reduce costs. And we will be able to, until with the next

generation, 2015, to reduce costs and bring it to a level

where the hybrid vehicle is today.

--o0o--

MR. BERRETTA: My last slide Is regarding our

next program, the B class. And as I said before, we have

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already six cars in customers' hands. And we will lease

these vehicles for 24 months, 849 per month, which

includes the service and fuel and also the insurance.

Again, we have already cars. What we are waiting

now is to hand over the next cars to the customer as soon

as we have more hydrogen station available.

Thank you.

CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you.

Our next presentation is David Tulauskas with

General Motors.

(Thereupon an overhead presentation was presented

as follows.)

MS. TULAUSKAS: Thank you. And for the record my

name is David Tulauskas. I'm the Regional Director for

State Government Relations based here in Sacramento. It's

a pleasure to be here.

I will cover briefly our strategy for advanced

propulsion technology and then get into the details on

providing an update on our fuel cell program.

--o0o--

MR. TULAUSKAS: So simply put, our advanced

propulsion strategy is to develop and deploy a portfolio

of technologies. There is no silver bullet to solving

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today's climate change and energy security challenges.

And as a global company operating in countries all around

the world, there's likely -- each country will likely

require a different solution to their challenges.

At this point, there's no clear technology

leaders. So GM has been and continues to invest billions

in everything from incremental ICE's efficiency

improvement to electric motors, advanced batteries, and of

course fuel cells.

--o0o--

MR. TULAUSKAS: Customers have different mobility

and transportation needs. And one advanced propulsion

system may meet the needs better than another, depending

on the customer's needs. So in other words, a small

battery electric vehicle may be ideally suited for urban

areas where driving distances are shorter and traffic is

generally stop and go. Fuel cells provide -- are better

suited for larger vehicles, longer distances, and more

varied duty and driving cycles.

--o0o--

MR. TULAUSKAS: A friendly face here, just to let

you know that our Project Driveway, which is the world's

largest fuel cell fleet demonstration program, including

over a hundred vehicles, has achieved approximately two

million miles and counting. And it's done that in over

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five different countries, and has been refueled --

successfully refueled over 25,000 times.

There's three distinct aspects to our Project

Driveway. And some of it's been in parallel, some of it's

been sequential. But basically the first one is just

getting the technology out and doing your basic technology

demonstration program.

There's also been a group of these vehicles that

have been a run-to-failure type program as part of this.

And we've gained a lot of learnings in both, the basic

technology demonstration program and this run to failure,

which these vehicles are still going. They actually

haven't failed yet.

And then, finally, the third part, and really our

final phase, is to transition these vehicles into

production-ready type vehicles, production intent. So

these vehicles are becoming mule vehicles for production

intent components, controls, and software. In other

words, really close to being production ready.

And in summary, you know, our fuel cell

technology is ready. We've got it on the road today.

--o0o--

MR. TULAUSKAS: And this is just a quick picture

to say that, you know, it's further proof that the

technology is ready and it's meeting diverse customer

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needs.

--o0o--

MR. TULAUSKAS: GM's doing a lot of work, and a

lot of people don't know this, but right here in

California. We've been doing advanced vehicle and

powertrain work in Torrance, California for over two

decades, including work on the EV1 and more recently on

the Chevrolet Volt. And GM's investment in the Volt,

particularly the motors, controls and batteries, have

helped tremendously in getting the fuel cell technology

production ready. And GM continues to do this work here.

We're growing. And this is just a picture of our facility

that we -- a new facility that expanded our footprint in

Torrance, California, June 9th.

CHAIRPERSON NICHOLS: My picture isn't there.

MR. TULAUSKAS: Well, I wasn't sure if I should

put that one in or not. Kept it neutral.

--o0o--

MR. TULAUSKAS: A little bit about our production

intent design. A lot of critics talk about fuel cell

technology, saying it's too far from commercialization and

it's way too expensive. In less than five years, GM has

cut the size of its fuel cell propulsion system in half,

significantly reduced its weight, the number of parts and

the use of precious metals, and at the same time

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significantly increased its durability and its ability to

operate in extreme weather conditions. We've been testing

in minus 40 degree weather up in northern Canada for over

three winters now.

So GM doesn't necessarily agree with the critics

on technology readiness and we have seen significant

progress on the cost issue.

And this next slide will go into a bit more

detail on that cost.

--o0o--

MR. TULAUSKAS: And through additional cycles of

learning and by economies of scale, you know, we're

estimating that we'll be on par in terms of cost parity

around 2020, 2022. And we've gone from 2000 and really 9

and 10 to being approximately 11 times more expensive. So

in ten years we'll see that cost be reduced significantly.

--o0o--

MR. TULAUSKAS: Some remaining challenges, really

threefold, related to cost, but we call it cycles of

learning. We just need to get the product out there, we

need to accelerate the new models, and we need to achieve

economies of scale.

The next one is infrastructure investment,

continue to need to expand that. In a couple years this

will no longer be a chicken or egg issue. The vehicles

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will be there. It will simply be an elephant in the room

needing to be addressed - infrastructure.

And then finally government policy. You know, at

times it, especially at the federal level, has been

unclear and/or there are some policies that are lacking

and we're working collaboratively to put those in place.

--o0o--

MR. TULAUSKAS: And in summary, the fuel cell

technology for automotive application is ready. But we

need the infrastructure there to really drive the vehicle

sales. As the Clarity is experiencing, and Mercedes, they

can only get a very, very limited number of vehicles out

there until the infrastructure is expanded.

And then, finally, stable government policy is

key. And California has been doing a wonderful job, has

made a lot of investments in its infrastructure, but more

needs to be done.

Thank you.

CHAIRPERSON NICHOLS: All right. Thanks.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, David.

Before I move on to our next presentation, I did

want to note that these are not the only car companies

with very active and progressive fuel cell programs. We

had to make a choice who to bring into our panel. So I

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want to give recognition to the other car companies, which

are making significant progress.

So now we'll turn to our transit bus program with

a presentation from Jaimie Levin, Alameda-Contra Costa

County Transit.

MR. LEVIN: Jaimie Levin, Director of Alternative

Fuels Policy for AC Transit.

I want to go on record noting that the challenge

is not fuel cells. It's the five minute limitation on

this presentation. But I'm going to give it my best.

(Thereupon an overhead presentation was presented

as follows.)

MR. LEVIN: So our first generation buses, which

launched in 2006, the numbers are there. We carried over

700,000 people. But I think what's important is to note

that we improved our fuel economy by 1.6 to 2 times better

than the conventional diesel bus. All the while we were

reducing greenhouse gas emissions significantly using

natural gas as our source of hydrogen.

--o0o--

MR. LEVIN: The third generation vehicle that

you'll see out front and that we're now using is

significant in a number of different ways: 5,000 pounds

lighter. We have a much better battery system on board.

That was the Achilles' heel of our earlier generation.

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We're racking up a lot of miles, a significant number

here, is that we have greater than 9400 hours of fuel cell

hours with no failures, no repairs, and no degradation in

power. And that fuel cell keeps marching on every day.

We're anxious to see that it continues to grow beyond

10,000 hours.

The UTC Fuel Cell Fleet, which is more than just

our buses but other buses elsewhere in the U.S., now has

over 600,000 miles. And in the Bay Area, we've carried

now over a million people on our fuel cell fleet.

Let me qualify the last bullet with a couple of

personal biases. Number one, I'm a daily transit user. I

am a passenger. Number two, I have a Class B license and

I drive the fuel cell bus, not in passenger service, but

whenever I get the chance to drive it. The quote here

that refers to "Like Disneyland in the Real World," that

came from a Golden Gate Transit driver with over 30 years

experience who also drives diesel hybrids.

We are talking a lot more than just cleaning up

the air and reducing emissions here. These vehicles are

extraordinary performers. We're changing the industry,

the transit industry, the image of public transit. And I

hope you'll get a feel for that.

Some of you -- I know Mary has been on the bus as

a passenger. They really are quite remarkable.

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I'm not a mechanic. We do have mechanics here,

and they will tell you how enthusiastic they are working

with this technology as I am talking about it.

--o0o--

MR. LEVIN: Here's some numbers from the fuel

cell side of this. We're looking at availability of the

vehicles. And here you're looking at a 95 percent average

over the last couple of years. We look for 85 percent as

the required pullout for our buses. This is fuel cell,

not the entire bus. But we are looking at numbers that

are approaching 85 percent on availability.

In terms of miles between road calls, again, if

you look at a diesel propulsion system for AC Transit,

it's about 10,000 miles between road calls. And you look

at these numbers with the fuel cell, and they're way off

the charts. That dip that you see is just reflective of a

small number of vehicles in service at early stage. And

all we need is one road call and so the number dips down.

--o0o--

MR. LEVIN: UTC is already making major strides

with FTA and CalStart in reducing the size, the weight,

and the cost while increasing power density and

durability. So there's major strides being made on the

fuel cell side.

--o0o--

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MR. LEVIN: The Bay Area program which CARB has

funded, the California Energy Commission, MTC, FTA, and

our local air district, is expanding this by 12 buses.

It's a $65 million program. We're building two stations.

We can't wait to show you the station that we're soon

opening in Emeryville that the Air Resources Board is

supporting.

Shared training and driving with our other

operators. Golden Gate Transit will begin operating buses

across the Golden Gate Bridge to San Francisco here in the

very near future, in August.

--o0o--

MR. LEVIN: We continue with DOE supporting the

NREL evaluation of this program.

--o0o--

MR. LEVIN: The key technology thresholds are:

Performance. And we're showing that. I've

spoken to that.

UTC reducing the packaging.

And the fuel supply, we're going to demonstrate

five to six minute fueling times per bus up to 12 to 25

buses. We're scaling that up significantly from what we

started with. And we're using both solar power to produce

a third of our hydrogen and we're using a stationary fuel

cell fueled with directed biogas to provide a third of our

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fuel at our other location.

Since everyone else took at least another minute,

I'm going to do that.

CHAIRPERSON NICHOLS: You can do that. Go ahead.

--o0o--

MR. LEVIN: But for a transit system, the real

question's affordability equals ownership. And we've got

to drive down the cost of buying these vehicles, which are

over $2 million a piece. We have to be able to prove

performance and maintainability. That's, can we afford to

run it? And then of course the durability of the

technology.

--o0o--

MR. LEVIN: We are moving down that pathway. The

upper part of this chart shows what we are doing now to

prove technology.

The lower half is reflected in a report --

industry-based report that was submitted to the Secretary

of Transportation, Ray LaHood, that we are having

continuing discussions with his staff. And in fact in

July we are meeting with his chief policy advisor, Paulie

Trottenberg, to discuss how to roll out this program on a

national basis through these Centers of Excellence

deploying more vehicles while driving down costs.

--o0o--

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MR. LEVIN: My last slide is based on the

industry projections of where we can get these buses down

below a million dollars each at a unit number of -- or a

production number of 400. We produce now in this country

4 to 5,000 new transit buses a year. And this is a small

number in comparison to that. We are proving performance.

But it's all -- and what everyone else has said, it's all

in volume. We've got to drive up volume. And in transit

where FTA and the federal government covers 80 percent of

our capitalization cost, they need to step up in order to

drive this cost down. And this is our future. There is

no question about that.

Thank you for giving me the extra two minutes.

CHAIRPERSON NICHOLS: Thank you.

I know we're going to move on to the

infrastructure panel, and you've all kind of set the stage

for that very well. I recognize that this is a sampling

only of people who are working in this space for fuel cell

vehicles. But it does give us at least a bit of a taste

of what's already going on out there in the marketplace,

and it's very inspiring. But we are really on the cusp of

something much bigger and clearly at a point where some

important decisions need to be taken, not just by us but

by others. I think we do have a role to play,

particularly because of our standard setting role. So we

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needed to have this information.

And we appreciate all of you living within -- or

almost within at least the constraints of time that we

gave you.

But if Board members have any specific questions,

we can probably catch up with you also downstairs when we

do the visit to the displays, because I assume you'll be

available then as well.

Okay, great.

Then I think we'll just move on to the next

panel. And thanks very much.

Infrastructure.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Okay. Our final panel focused on

infrastructure will I hope put it all together.

We've learned from the stationary fuel cell

presenters that there are real-world applications with a

variety of benefits to be had. And we've heard from the

automakers that they need hydrogen stations.

We'll start this panel with a summary of just how

fuel cell commercialization is forecasted to grow, and

follow that with presentations from two of California's

leading hydrogen infrastructure providers.

Finally, we'll showcase a project that we have

helped co-fund that brings it all together in one system.

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And there are several presenters who have alluded to this

Fountain Valley project, which uses biogas derived from

waste water to produce electricity and heat for the

treatment plants and provides hydrogen for vehicles.

So we'll start with a presentation from Justin

Ward, who is California Fuel Cell Partnership's Vice Chair

and also represents Toyota -- works for Toyota.

(Thereupon an overhead presentation was presented

as follows.)

MR. WARD: Thank you very much.

As she mentioned, my name is Justin Ward. I'm

the Vice Chair of the California Fuel Cell Partnership.

I'm also the advanced powertrain program manager at Toyota

and responsible for our fuel cell and electric vehicle

development.

--o0o--

MR. WARD: Today I'm going to give kind of a real

brief overview of what the California Fuel Cell

Partnership is doing with regards to fuel cell vehicle and

hydrogen station rollout planning. We're very active in

this space and really supporting my industry towards the

commercialization of fuel cell vehicles.

--o0o--

MR. WARD: One of the things that the partnership

always gets asked, and we get asked this I mean literally

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every day, is, you know, how many hydrogen stations does

it take really to kick off the commercialization of fuel

cell cars?

In 2009, I would try to answer that question with

our document, The Hydrogen Fuel Cell Vehicle and Station

Deployment Plan. This action plan laid out a series of

actions that needed to get done to really get the market

ready for the commercialization of fuel cell cars. And

one of the key things we identified was a need for

stations.

And in that study -- or in that action plan we

identified a need for about 40 stations really in the key

deployment areas for the automakers would really be one of

the drivers towards a commercial launch.

In 2010 and 2011, we made progress reports that

further defined the station needs. And it was updated

based on the updated annual automaker survey results for

fuel cell cars.

--o0o--

MR. WARD: When we did these development plans,

many things come up that really need to be addressed as we

move forward towards commercialization. And here are some

of the key items:

Those include the finalization of codes and

standards for the retail sales of hydrogen. And that

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includes fuel metering, fuel quality, customer

convenience.

Also to support business models developed by the

private industry, you know, the private sector. The

question is always asked, "How will these early hydrogen

fuel retailers sustain their business and how do they do

that in the case when their station load is relatively low

because the vehicle numbers are just starting to grow? Is

there a mode that makes sense for them?"

And then also we're focused on the outreach and

education of early market communities. Even when we go

into communities and we educate them, we find that the

turnaround in those communities is relatively large and we

end up having to go back in and, you know, educate a bunch

of new people. So it's an ongoing process.

--o0o--

MR. WARD: As was mentioned earlier, the idea of

clustering the vehicle deployments and station deployments

is one of the ways to kind of minimize the number of

stations in order to spark the early market. And we're

really starting to see that now over the past few years,

these clusters to really start to define themselves. In

2010, there was about four public stations that were

accessible. In 2011, we're anticipating the addition of

seven additional stations. In 2012, we're looking forward

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to 11 additional stations through the California Energy

Commission maybe wanting a program.

So we're really excited about the progress that's

been made and really seeing the formation of these cluster

areas as we had talked about many years ago. What's clear

is that we still need more stations. We need to make sure

the cluster development makes sense. We need to make sure

that the customer when they get in their vehicle, they

have some confidence that they can make it to their

destinations and meet their normal driving needs.

--o0o--

MR. WARD: This is the latest automaker fuel cell

vehicle survey. And the green line represents the latest

vehicle numbers. As you can see from these numbers, it's

kind of -- very exciting, at least from my perspective,

that the number of fuel cell vehicles is ramping up at a

faster rate than we had predicted in the previous year.

And I think that goes as a testament to the commitment of

the automakers towards fuel cell technology and also to

the progress that the technology has made.

--o0o--

MR. WARD: The other thing I mentioned before was

business models. So we have to make sure we understand

what are the different cost models that are available or

profit opportunities they offer the retailer.

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This is a study done by the Institute of Applied

Energy in Japan where they looked at fuel costs on the

cost-per-mile basis. This is all Japanese numbers.

That's why they look the way they do.

The key thing is to understand the distribution

of the costs within the fuel cost. And for gasoline, the

majority of the cost, it's a raw material cost, and the

delivery and station-side cost represents a fraction of

the total cost.

For hydrogen it's almost exactly the opposite.

The raw material cost is relatively small. But the

delivering station costs represent the major function of

that total cost.

We think that there is an opportunity to decrease

both the station side and the delivery cost through

optimization of station loading and other different

technologies to drive that cost down.

These are different things that need to be

considered as we look at profit opportunities for the

early retail hydrogen market and also towards the

sustainable hydrogen market. So we look at these both

conventional and nonconventional methods to really make a

business case or to help the private industry define a

business case.

--o0o--

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MR. WARD: And then lastly as we look at the

rollout of hydrogen stations, we're really looking at it

from a more holistic point of view, not just from what the

vehicle needs but also from, you know, what does the

technology need for both the vehicle and the station side,

as well as looking at some of the consumer trends and the

consumer desires for accessibility and reliability and

whatnot. And we're looking to kind of try to balance that

as best as we can.

One of the things that has been available to us

recently is the new tools. And UC Irvine STREET is one of

the great new tools we hope to use to optimize that. And

you'll learn about that shortly. And also to leverage the

specialized working groups and task forces within the

partnership.

--o0o--

MR. WARD: So just to wrap it up real quick. The

partnership is committed to the vehicle station rollout

planning using latest informations and tools. And it's

clear that additional collaborative work is needed to

prepare the fuel cell market for commercialization.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Yes, thank you.

Our next presentation will be from Tim Brown with

UC Irvine.

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(Thereupon an overhead presentation was presented

as follows.)

DR. BROWN: Hi. I'm Dr. Tim Brown with the

Advanced Power and Energy Program at UC Irvine. I'm going

to talk about the great new tool, STREET, in its

application to finding the tipping point for

self-sustaining hydrogen infrastructure with minimum

capital investment.

And as Justin mentioned, STREET is the Spatially

and Temporally Resolved Energy and Environmental tool.

It's a suite of software packages that we've developed

over a number of years.

--o0o--

MR. BROWN: First thing to consider in developing

a new infrastructure for vehicles is that it is a coverage

problem in the early years, not a capacity issue. You

can't simply tally the amount of fuel available and the

number of vehicles and determine if you have enough

stations. You actually have to provide a sufficient

network to alleviate consumer concerns about fuel

availability. And we approached this problem with that in

mind based on a number of factors.

We've looked at automaker market data as to where

they think they have a market for these vehicles.

We have travel-time algorithms, which are the

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mathematical backbone of the analysis.

We look at station land use to understand that

any stations that we predict a site for, they can actually

fit there and they're zoned properly and so forth.

We look at vehicle travel density to ensure that

stations are located near high flow of traffic.

We look at service coverage as a way to quantify

how one scenario matches compared to another.

We also look at fuel cell vehicle deployment

curves to make sure the stations rollout in step with

vehicles.

We consider initial or an existing hydrogen

infrastructure that isn't already in place.

And we looked at some demographic data on where

our vehicles are residing and where they are sold.

--o0o--

MR. BROWN: So to define the regions of interest,

we overlay the areas where automakers think they can sell

their cars with residential land use to determine a bit

more refined focus. And if we zoom in, we can see these

three red areas I've outlined - basically Santa Monica and

west L.A., Torrance and coastal cities, and coastal and

southern Orange County.

--o0o--

MR. BROWN: To get a feeling of how large these

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areas actually are - it's hard to see from a map - there's

over 3.1 million people live in these areas, over 600

gasoline stations, roughly two million registered cars,

and over 200,000 new car sales in these areas alone each

year.

--o0o--

MR. BROWN: So if we examine this in more detail,

we can look at how the gasoline station infrastructure in

these areas plays out today. There's 636 gasoline

stations currently in these areas. And this can provide a

travel time from anywhere in one of these regions to a gas

station in four minutes. And, thus, shown on this plot

here where you have average travel time -- or actually

maximum travel time on the vertical access and number of

fueling stations on the bottom. And you can see at four

minutes 636 gasoline stations this little red dot.

If we look forward and say how many hydrogen

stations are there existing or funded, there are 14.

Those are represented by the red stars on the map. And

not surprisingly, those 14 hydrogen stations don't supply

as good a network as the gasoline. They actually produce

a maximum travel time of 18 minutes, which is not good

enough for the customers.

We think the right tipping point for customer

adoption where they feel comfortable with the technology,

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but obviously we can't reproduce the four minutes, we

think it's around six minutes travel time.

If you look at the graph and you sort of draw a

mental line between the hydrogen stations and the gasoline

stations, you say six minutes. That gives the impression

maybe 5 or 600 hydrogen stations were needed. But that's

not the case at all. It's actually much less than that.

So If I expand my plot and I move the hydrogen

station -- the gasoline station's way off to the right.

They're not even in the picture anymore. And we had one

more hydrogen station, this one down in Orange County, we

can reduce that travel time from 18 minutes down to 15

minutes. And we add one more station and reduce that

travel time from 15 minutes down to 12 minutes. You see

there's a very big bang for your buck here in the early

years. And subsequent stations have a similar effect.

So adding seven more stations throughout the area

can reduce travel time to 8 minutes, additional 3 to 7

minutes. And then four more to get down to the 6 minutes.

So in the end 32 stations can reduce travel time

to just six minutes in these three regions.

We can't have just 32 stations. We need a few

what we call connector and destination stations.

Connector stations would provide the bridge between

regions, destination of ride access to areas like Las

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Vegas or Sacramento.

So in all it's going to be around 38 to 49

stations to serve the need of all southern Californians,

particularly in these areas, for the coverage. If you

limit the infrastructure to those quantities, roughly 40

stations, and you apply the numbers that Justin just

presented on vehicle deployment, there's roughly 34,000

vehicles predicted by the automakers to go down the road

in southern California in 2017. 34,000 divided by 38,

including the amount of fuel used per vehicle, comes out

to a throughput of around 500 kilograms a day per station

already in the year 2017 just, you know, two or three

years after commercialization, which is well within the

range, which I think we'll hear from energy suppliers, of

where they can have -- you know, they're in the black.

--o0o--

MR. BROWN: So in the end, benefits of careful

planning:

Reduce capital investment to just 6 or 7 percent

of existing gasoline stations in the region.

Increase network effectiveness. You know, come

down to a travel time of six minutes, which we feel is the

tipping point.

And promote high throughput in relatively early

years.

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--o0o--

MR. BROWN: And I want to acknowledge All of the

input and partners we've had in this work, including

automakers and energy companies.

CHAIRPERSON NICHOLS: Thank you.

MR. BROWN: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, Tim.

Our next presentation is from Steve Eckhardt with

Linde, North America.

(Thereupon an overhead presentation was presented

as follows.)

MR. ECKHARDT: I thank you. I'm Steve Eckhardt.

I'm head of business development and alternative energy

for Linde. And on behalf of Linde, I appreciate the

invitation to come here and speak today about hydrogen

infrastructure.

--o0o--

MR. ECKHARDT: What I'd like to do is first give

an overview of Linde and hydrogen fuel. And we have over

70 fueling stations we've designed, built, and installed

around the world. That's provided over 200,000 safe

hydrogen fuelings in a number of different segments,

namely, automotive, bus, and material handling.

We also produce -- build and produce hydrogen,

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both gaseous and liquid hydrogen from central processing

plants that's delivered to customers; and also produce

gaseous hydrogen with on-site technology such as steam

methane reformers and electrolysis.

--o0o--

MR. ECKHARDT: I just want to point out a few

projects here that I think are relevant for the discussion

today. AC Transit - and Jaimie talked about this a little

bit - I think a point on this one, a key goal of this

project is to show that hydrogen fueling of fuel cell

buses can be done as practically and as quickly and as

easily as it can be with diesel buses. It's critical that

we show that the limited amount of space in a transit

property that we can get this done. And ultimately that's

what transit authorities are going to look very hard at as

this go out and deploy more fuel cell buses.

In Berlin we have partnered with Shell and

recently commissioned a station, a very high throughput

hydrogen station. A major point about this one is that we

have put in the storage and the compression equipment

underground. And it's a critical step that we all need to

take to ensure that the space, the very limited amount of

space that's available on gasoline station forecourts can

be used the way gas stations would like to use it, which

is oftentimes convenience stores or car washes, where they

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make very good money, and are going to be hesitant to

allow us to take up significant space with hydrogen

equipment.

Another point on the slide I'd just like to make

is that we have received funding from the Energy

Commission for three automotive fueling stations. And one

of those stations is also being funded by the ARB, and are

appreciative of that funding, allowing us to build three

more automotive stations here in California over the next

year to a year and a half.

--o0o--

MR. ECKHARDT: This slide -- these numbers we've

all seen several times from the partnership and the OEMs

with respect to car deployment. When we look at -- at

Linde when we look at this slide and we look at these

numbers, what we say is, can we be ready to fuel these

cars? We're talking a major change, a major rollout,

orders of magnitude increase and the number of cars that

will be out there. And we ask ourselves, can we fuel

these cars? And The answer is, yes, we believe we have

the technology and the capabilities to do that. And What

I'd like to do is talk about a scenario about how we can

actually make that happen.

--o0o--

MR. ECKHARDT: So if we look at on this slide the

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demand, taking from fuel cell cars, ultimately translating

that to hydrogen demand, you see some major increases. I

mean right now we have maybe a hundred to 200 kilograms a

day at most being dispensed in hydrogen fueling stations,

and we need to increase that to over 50,000 kilograms a

day in just a few short years.

That order of magnitude increase in hydrogen

demands means an order of magnitude increase in the

fueling station capability. And that's going to be a big

test, to make sure that we can meet that need. And so,

you know, the question is, how do we ultimately do that?

So what I'd like to do is translate that hydrogen demand

of 53,000 kilograms a day into stations.

--o0o--

MR. ECKHARDT: So if we look at the stations that

are in place today, there are a number of hundred-kilogram

and below stations that are operating today.

There are additional stations that will be

deployed in the next year to year and a half that are

anywhere from 150 to 250 kilograms a day. So I've labeled

those as a medium station, on an average of 200 kilograms

a day.

And then we believe we need to start deploying

large and very large throughput stations that can fuel

significantly more cars and significantly higher volumes

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of hydrogen.

--o0o--

MR. ECKHARDT: On this slide here, you can see

how things ramp up. We start in 2012, at the end of 2012

when we'll have approximately 20 stations that will be

fueling vehicles and meeting the needs of the cars that

are out there in 2012. In the ensuing years we'll see the

number of stations increasing. The medium size station,

we need significantly more of those size stations. But

then we believe we also need to introduce the large and

the very large throughput stations. We need to introduce

the very large and large throughput stations to meet the

needs of those 13,250 cars all the way up to 53,000 cars

in the middle of the decade on into 2017.

So while these large and very large throughput

stations are a relatively small share of the total number

of stations, in almost any scenario you can envision they

will have to fuel a disproportionate number of cars.

There will be a disproportionate number of fuelings on

those large throughput station. So for that reason alone,

the heavy reliance on those stations means we need to move

relatively quickly to prove those stations.

And I just want to talk about two other reasons

why I think we need to do that.

--o0o--

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MR. ECKHARDT: First is practicality. Like with

diesel buses, we can fuel diesel buses, we can show how we

fuel gasoline cars, hundreds, even thousands a day at a

single site. But we need to show that that can be done at

a hydrogen fueling station, and we need to show that we

can do it while we meet our customers' expectations of

three-minute fueling and not having to wait in line.

--o0o--

MR. ECKHARDT: The second reason we need to do it

is we need to prove the economics. We need to prove that

a business model is viable in this industry for hydrogen

fueling. And that's one question that always is plaguing

us and that's one question we're always asked, is "Well,

what's the business model? Can you make it profitable?"

And what we need to do that is we need to show low life

cycle costs. And that's something that we can do with

these types of stations that are going to be dispensing

higher volumes of hydrogen.

The investors are going to look at this, the

government will look at this, and industry is going to

look at this. And we need to show how it's

self-explaining.

And, finally, in terms of how we do that: Linde

has developed two very high throughput station technology

concepts. These technologies are being deployed this year

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in commercial settings in Germany, and we will be ready to

deploy those in California in the next few years.

Thanks for your time.

CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you, Steve.

Our next presentation is from Ed Kiczek with Air

Products and Chemicals.

MR. KICZEK: My name is Ed Kiczek. I'm the

Global Director of our Hydrogen Energy Systems business.

And thank you for the opportunity to address the Board.

--o0o--

MR. KICZEK: For those of you who are not

familiar with Air Products, we are the world's largest

supplier of merchant hydrogen. We have three major

production facilities in California, one right here in

Sacramento. And we produce about a third of our total

capacity right here in the State of California.

We've been active in hydrogen fueling since 1993.

We've built over 130 stations in 19 countries. And

currently we're fueling at a pace of over 350,000 fuelings

per year. And we're nearing three-quarters of a million

total safe fills.

Air Products has been recognized by the industry

as the world's safest chemical company, and we've held

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that distinction for several years. And to us, nothing is

more important than safety.

--o0o--

MR. KICZEK: We are participating in a number of

several -- and several profitable commercial hydrogen

fueling markets today, including forklifts, unmanned

aerial vehicles, cell towers, submarines, unmanned

underwater vehicles, stationary power, both high

temperature and low temperature fuel cells. We use these

markets actually to help us to develop many of the

products leading to light-duty vehicles, because the

volume was in these adjunct markets where we can develop

those products.

We also recognize the need for renewable hydrogen

and are currently producing renewable hydrogen at our

California facilities by the purchase of renewable natural

gas and a wastewater treatment facility at Orange County

Sanitation District via processing the digester offgas.

This is the Fountain Valley project that many people have

mentioned.

And so I guess you can say technically everybody

here in this room really is actually a hydrogen generator

in the endgame.

Some of these experiences we've actually come to

realize that current supply systems employed within the

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industrial gas system are really not conducive to the

transition of a fueling market, a retail fueling market,

and therefore we've sought to develop fit-for-purpose

supply platforms in order to meet this need. And we've

been working on this for several years.

--o0o--

MR. KICZEK: Within the last year, we've

introduced at Air Products two new supplying modes which

will drastically reduce the cost of hydrogen dispensed at

the retail sites and will fill this transition -- this

very much needed transition gap.

These technology platforms include composite

hydrogen trailers and dual-phase liquid hydrogen trailers.

Both of these technologies deliver high pressure gas to

the station versus generating it on-site. And these

technologies are on the road today in both the U.S. And

Europe, and they're operating here in California and

actually in Sacramento. And so I welcome anyone from the

Board to tour our plant in Sacramento and actually see

these technologies. And a portion of these technology are

actually operating at AC Transit today.

We believe that these technologies will provide a

dispensed hydrogen price which is competitive with

gasoline today.

--o0o--

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MR. KICZEK: With these proprietary technologies

we believe Air Products is in a rather unique position and

able to offer an expandable fueling platform from small to

large systems. These new supply modes allow us to make

the business case at the smallest possible capacities and

grow these systems with the increasing demand with just

additions and some modifications on each of the sites.

The total capital required at the fueling site

has been significantly reduced, resulting in lower initial

transition investment due to the reduction of

under-utilized assets. We can place a station on an

existing forecourt for less than a million dollars.

Our strategy has been build what you need and

let's expand it as the demand comes forward.

--o0o--

MR. KICZEK: We're actually deploying these

systems today under awards from CARB and the California

Energy Comission in southern California, and we certainly

appreciate those awards.

The first of the nine stations is actually

currently in construction in Harbor City, California -

it's pictured at the bottom right - and due to be

completed in mid-July. These stations will be placed on

any existing -- can be placed on any existing gasoline

forecourt. They're modular. They're expandable, require

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only 800 square feet of plot space. And we can expand

these from the small size that they're starting at at 100

kilograms to up over a thousand kilograms a day, which

more than meets the need that Dr. Brown had mentioned.

Placement of these stations has been made in

conjunction with discussion with all of the OEMs, where we

provided the opportunity for them to choose from over 60

sites. And they actually selected the most ideal sites

where they wanted to see fueling.

As the demand grows at each site, we can manage

the customer through the demand cycle.

Just 30 seconds more.

--o0o--

MR. KICZEK: This project alone has an immediate

impact of creating 240 jobs in the State of California,

because all of our products are sourced in the State of

California.

--o0o--

MR. KICZEK: But the last slide here, and I'll

cut it short, is we do have one challenge. And that one

challenge is the lack of volume or loading of those

stations in the early years, as the infrastructure needs

to lead vehicles to obtain coverage. We've heard about

the UCI STREET model. We believe that you need 30

stations. Once you get 30 stations, we believe that that

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will seed an area and then commercial forces will take

over. And with the sustained business case, you can see

significant investment that will come from industry, in

excess of hundreds of thousands of dollars.

--o0o--

MR. KICZEK: Finally, in summary, we've

reconfigured the supply chain on a fit-for-purpose basis.

We believe that the infrastructure capital cost -- we've

lowered them, we've cut them almost in half, and that the

hydrogen fueling will be affordable to gasoline and

gasoline models today.

We believe that California has an opportunity

here to be a model for the rest of the world. I'd like to

see California take the lead. But I'll also note that

there are two foreign countries which have embraced our

concepts are moving forward, and we're looking to get them

approved in those counties.

Thank you very much.

CHAIRPERSON NICHOLS: Thank you.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Thank you.

Our last presentation will be from Dr. Scott

Samuelsen from the National Fuel Cell Research Center at

UC Irvine.

CHAIRPERSON NICHOLS: Welcome.

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MR. KICZEK:

(Thereupon an overhead presentation was presented

as follows.)

MR. SAMUELSEN: Chair Nichols and Board members.

I'm Scott Samuelsen, the Director of the National Fuel

Cell Research Center. I've been asked to speak about the

so called Fountain Valley or Orange County Sanitation

District energy station. It's really the epitome of an

interaction between the Partnership and the California

Stationary Fuel Cell Collaborative, at the nexus of

electricity and hydrogen.

--o0o--

MR. SAMUELSEN: Looking to the interests of the

partnership, it's on the automobile where we've seen

examples of the manufacturers' production that's expected

to be commercially launched in 2015. Hydrogen is the fuel

and we're talking on this panel with respect to

infrastructure.

--o0o--

MR. SAMUELSEN: This presentation is really to

look at the role of a stationary fuel cell in supplying

that hydrogen. So I want to take a moment and just look

at the application of the stationary fuel cell, where on

the left the hydrogen is provided through a fuel

processor, for example, a natural gas being the fuel; and

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on the right the direct current is transformed to

alternating current. And up there at the exhaust we try

to capture as much of the heat energy as possible and

utilize it to improve the overall efficiency of the

operation.

We've seen from Katrina Fritz-Intwala examples

today of stationary fuel cell applications and from Mike

Upp the ClearEdge applications.

--o0o--

MR. SAMUELSEN: What I want to focus on here is

that hydrogen there just on the left of the fuel cell

stack and recognize the role of the fuel processor in

providing that hydrogen. In the kind of advanced fuel

cells, which we call the high temperature fuel cells -

those are the solid oxide or molten carbonate - the

reformation is promoted by a high efficiency due to the

availability of water and heat that's already at the anode

of the stack.

--o0o--

MR. SAMUELSEN: Well, let's bring back now the

mobile fuel cell. And you see at the top the availability

or source of hydrogen and then at the bottom kind of the

requirement for hydrogen. So it vets the question of --

or begs the question of just combining the two as to

whether the stationary fuel cell can provide the hydrogen

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demand for the fueling public.

Let's look at how that might look. This is a

hydrogen station that's supplied today by a liquid

hydrogen truck. If instead the hydrogen came from a

stationary fuel cell - there it is operated on natural

gas, there it is - that fuel cell could provide

electricity and heat to a local customer, say, a

condominium, and then hydrogen on demand to provide the

hydrogen supply for the fueling center. We call this -

you see it up at the top - a high temperature fuel cell

with hydrogen tri-generation, or in the rubric of the

hydrogen highway report, an energy station with these

three products that come from it.

--o0o--

MR. SAMUELSEN: I want to transform this into a

schematic just to show a particular principle here, which

is, in a word, a synergism that is created by providing a

higher concentration of hydrogen at the anode. It

actually increases the efficiency of the fuel cell. It

allows us to create the reformation at a very small amount

of energy.

To demonstrate that, let's just bring in a

hundred megajoules of natural gas into the fuel cell.

That's going to create 47 megajoules of electricity and 53

megajoules of high quality heat. That's kind of the

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conventional way that we operate a stationary fuel cell

today, in this case a molten carbonate fuel cell.

Going into the tri-generation mode, let's provide

another 43 megajoules of natural gas, a total of 143.

That's going to allow us to generate 43 megajoules of

hydrogen. And there you see the high efficiency due to

this synergistic effect. Still maintaining 47 megajoules

of electricity and not quite the same level of 53

megajoules, but rather 49 megajoules of high quality heat.

--o0o--

MR. SAMUELSEN: So we go back to the energy

station. This today is the most energy efficient and

environmentally responsible manner by which to produce

hydrogen 24/7, in this case from natural gas.

But we have another opportunity, which is to

power the fuel cell, not in natural gas, but on a

renewable gas, let's say a digester gas or landfill gas.

And then up in the top this becomes a high

temperature fuel cell with renewable hydrogen

tri-generation, or in other words a renewable energy

station.

--o0o--

MR. SAMUELSEN: An example of this, which is the

last slide, is a wastewater treatment plant. The sledge

over at the left is what we know it is. And the digester

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to the right is where it's processed to create a more

amenable product for disposable.

That digester needs heat, and that's provided

today by a boiler with its associated criteria pollutant

emissions. If instead we replace that boiler with a fuel

cell, we can then use the heat that would otherwise be

vented to provide the heat for the digester for free. No

emission of criteria pollutants. In addition, we have

electric power coming from that fuel cell.

--o0o--

MR. SAMUELSEN: Katrina showed us earlier the

City of Tulare Wastewater Treatment Plant, 900 kilowatts.

There's about 9 megawatts throughout California of this

product already commercially deployed.

--o0o--

MR. SAMUELSEN: But here we're going beyond that.

We're taking not only AC power, but remember

tri-generation. So here comes the hydrogen, now

biohydrogen. And this is actually a concept that's being

provided, and we've heard about it today, for

demonstration at the Orange County Sanitation District,

indeed in Fountain Valley at the Euclid exit of the 405.

Support is from the U.S. Department of Energy, the Air

Resources Board, and the Air Quality Management District.

The opening is planned for August - to be

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specific, August 16th - where the public can drive up and

be able to refuel on biohydrogen. This particular plant

is providing 300 kilowatts of electricity and about 125

kilograms of hydrogen.

Thank you.

CHAIRPERSON NICHOLS: Thank you very much. This

is an exciting prospect.

So it means you drive to your local sewage

treatment plant to get your car gassed up, is that

basically the deal? Nothing wrong with that, I guess, if

we've got the site.

It seems like it's almost -- in some ways almost

too good to be true. But I can't think of any reason why

it shouldn't be.

Curious about -- to ask you a completely

different question, if you don't mind. But it's something

that's sort of been on my mind lately, as we think about

the kind of dramatic reductions that we're going to need

in emissions to reach air quality standards that are

likely coming in the future. And, you know, we

collaborated with the South Coast Air Quality Management

District on a document that basically indicates that, not

next year, but sometime in foreseeable decades at least,

that it's almost impossible to envision combustion as an

activity that's going to be allowed really in -- at least

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in urban areas like Los Angeles. And the concern is that

there's so much that goes on at the individual homeowner

level in terms of use of natural gas for -- in most cases

at least for, you know, running your stove and your hot

water heater or heating your house and so forth, and

wondering if localized -- if small fuel cells at the level

of what a home would use are a foreseeable likely

application.

Is that a sensible way to go? Is it a way that,

you know, you all are thinking about fuel cells evolving?

Or is this more something that's going to be limited to

larger scale buildings as we look ahead?

MR. SAMUELSEN: Well, fuel cells are being

deployed commercially today, Chair Nichols, in homes.

ClearEdge, Mike Upp, who spoke earlier, that's a

product -- their five kilowatt product, a proton exchange

membrane fuel cell that also has waste heat recovery.

It's in the very early stages in the United States, with

the first market, as Mike pointed out, being in

California.

In Japan it's a more popular deployment that's

occurring right now. Not only proton exchange membrane

fuel cells but also five kilowatt solid oxide fuel cells.

I expect within 20 years they'll be as popular as we have

personal computers in homes today.

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We're also seeing larger fuel cells being

deployed for residential deployments. Katrina referred to

that mixed use as an example where large fuel cell systems

can serve a variety of customers, from apartment owners to

the commercial operations within a mixed use sector.

So it's at the beginning stage with respect to

residential. But we're already now about 20 years into

commercial deployment of fuel cells at the stationary

level.

CHAIRPERSON NICHOLS: Great. Thanks.

Maybe just one other comment. I guess it's sort

of obvious that this panel does not include any of the

people whose names are normally thought of as being

emblazoned across gas stations, current fueling stations.

Although there were a couple of examples I guess of

co-location there.

And this is I guess really more -- maybe this is

part of Analisa's wrap-up. I'm not sure. But I think it

would be good to sort of update the Board on what has been

the reaction of the oil industry, the petroleum industry

to this emerging market to date, and any comments that you

would make about why we don't see any big names here.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Sure. The oil companies have been an active

partner in the fuel cell partnership, infrastructure being

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a primary effort that the partnership has been undertaking

in the last few years. But in our discussions, they've

been looking for -- and they've been involved in some of

the early stations that have gone in - the Shell Santa

Monica station is an excellent example of that - and have

had some involvement with some of the very early stations

which we funded.

But primarily, the folks which are getting the

work done and at this stage are very actively bidding on

the funds that we have available by the state are the

folks you see sitting at the table. More of the

conversation from the oil companies has been centered

around being able to see the business case.

And also a very fundamental shift has taken place

in California in terms of who owns gasoline stations. The

oil companies have divested themselves primarily from

retail stations. And so while we see stations branded by

the oil companies, those are independently operated and

owned concerns -- business concerns that don't have the

control of the oil company over them.

So this starts to feed into one of the changes

that we're looking at making with the proposed amendments

to the Clean Fuels Outlook that we'll bring to you in the

fall, changing who we would regulate rather than the

assumption that if we regulate the retail business, we

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would capture the largest providers of fuel. That

wouldn't be the case anymore. And so we're looking at

moving that upstream to the oil providers -- or fuel

providers.

So they remain active participants in the fuel

cell partnership and certainly consult on creating the

business case and the path forward.

But these are the folks that are doing the work

on the ground today.

CHAIRPERSON NICHOLS: Thank you.

And I guess maybe this is really for Mr.

Fletcher. But do you see any likelihood that the low

carbon fuel standard will lead to some of the companies

that are subject to that moving in this direction?

DEPUTY EXECUTIVE OFFICER FLETCHER: I don't think

in the early years of the program it will. We did look at

ways to provide incentives for, you know, credits, extra

credits, for example, in the early years. And it just

didn't seem like it was the best approach, which is why I

think they were looking at the clean fuels outlet. So I

think the amount and volume of hydrogen that would be

available during the domain of the early years of the low

carbon fuel standard are so small that it's not likely to

provide that much of an incentive.

As you go -- you know, if we look beyond 2020, I

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think it can play a huge role.

CHAIRPERSON NICHOLS: Okay. Thank you.

I don't see anybody leaping forward with

questions. But we also know that we have a treat in store

for us in the next few minutes. So maybe I'll let you

wrap up, I guess.

Analisa, did you have some final comments, and

James? And then we'll go take our tour.

EXECUTIVE OFFICER GOLDSTENE: And we have one

speaker who signed up.

CHAIRPERSON NICHOLS: Oh, we do have one public

speaker.

All right. Well, let's finish the staff

presentation.

SUSTAINABLE TRANSPORTATION TECHNOLOGY BRANCH

CHIEF BEVAN: Okay. Well, I think our panel presentations

today have shown that there's real progress in

performance, durability, and cost, demonstrated with

real-world installation and placements of fuel cells, both

stationary and mobile and the use of hydrogen.

We heard a key message that work is needed on

fuel for fuel cells and that there's a distinct

appreciation for the recognition the role fuel cells play

in our climate change policies and regulations, and a need

to provide a consistent government policy and support.

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Clearly we heard that infrastructure is critical,

especially for the deployment of fuel cell vehicles.

I don't know how clear it came out in the

presentations, but in talking with the manufacturers in

preparation for this and also in prior meetings, they have

cars sitting on lots waiting for infrastructure, ready to

find the customers to make use of the cars.

We have an exciting future ahead of us. Fuel

cells are no longer described as being ten years ago.

If I can use a personal interjection. When I

first started working on hydrogen and fuel cells, I used

to peg the commercialization as being right around the

time my son would be ready to take his driving test. The

way things are looking now, I get to drive the car for a

few years before he's ready to take his test. He's seven

now.

So I think this is tremendous progress. I like

that there's been this measuring stick. And I was afraid

that it would go the other direction. And so I'm very

optimistic and enthusiastic. And I think that our

panelists here today have helped us gain a view of where

things are going and can help us all take that vision

forward.

CHAIRPERSON NICHOLS: Well, it's been a terrific

set of presentations. And I know how challenging it is to

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try to condense things in short order. But it really is

helpful to us to have this diversity of sources that we've

been able to hear from.

So thank you all for making the effort to be with

us and to help educate us as well about the opportunity.

I think that the fuel cell partnership has been

a -- well, both fuel cell efforts have been remarkable in

the amount of private sector involvement that they have

generated as well as in the opportunities for government

to really find ways to work on some of these issues that

would have been quite difficult if we'd stayed in our own

silos. Not to mention also the benefit of having the

academic connections both with Irvine and Davis.

So this has been quite a model I think that we've

also managed to create here in California in an

institutional sense. And I'd like to acknowledge that as

well, especially appreciation to Dr. Samuelsen for being

with us today. Thank you.

And we do have one member of the public who asked

to address that Board. And that is Fernando Corall from

Plug Power.

MR. CORALL: Thank you. Good afternoon. I will

make it brief.

My name's Fernando Corall. I'm with Plug Power.

I'm Director of Sales for the Western Region of Plug

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Power. And I just wanted to add my comments to several of

the gentlemen and presenters. We work with their

products, with Linde, with the UC Irvine. And I just

wanted to give you some perspective as to the material

handling side of the fuel cell industry.

Currently, there's over 1200 units being powered

by hydrogen fuel cells in the United States. That

represents -- we talked about throughput. That represents

approximately 2,000 kilograms per day of hydrogen being

consumed by forklift trucks.

Further, it's about 5,000 fuelings per week that

are occurring primarily in the United States. I say that

because, unfortunately, none of those numbers apply to

California. In California, there is no -- there are no

material handling equipment being fueled by hydrogen. And

one of the reasons is primarily the cost of

infrastructure. We talked about the infrastructure for

the automotive industry. The infrastructure for

hydrogen -- for material handling is an expensive

proposition.

Commercialization of the units are almost on a --

is here. It's a capital cost. It's a wash when it comes

to purchasing a hydrogen fuel cell for a lifttruck versus

the batteries -- the lead acid batteries and the chargers

required. The stumbling block is essentially the

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infrastructure.

And that's one of the reasons why I'm here is to

encourage the Board to revisit their decision to withhold

funding for off-road commercial -- or off-road hydrogen

fuel cells. I know that you are funding the stations for

the automotive industry and for buses and so on. But I

would also like to encourage you to look at hopefully

funding in 2011, 2012 some stations that would be

dedicated to hydrogen fuel cells powering forklifts.

CHAIRPERSON NICHOLS: Okay. Thank you.

MR. CORALL: Thank you very much.

CHAIRPERSON NICHOLS: All right. Mr. Goldstene.

EXECUTIVE OFFICER GOLDSTENE: Thank you.

Analisa I think did a great job. She and her

team were fantastic. And thanks to all the panelists.

I think now -- we have until 1:00. We have real

life examples out in the front on the street and on the

patio of stationary and mobile fuel cells that we'd like

the Board to go out and take a look at now.

CHAIRPERSON NICHOLS: I think we should combine

it with our lunch break, if we can.

EXECUTIVE OFFICER GOLDSTENE: And we'd combine it

with our lunch after.

CHAIRPERSON NICHOLS: Because we do have a couple

of measures we have to take up this afternoon as well.

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EXECUTIVE OFFICER GOLDSTENE: Right. We have a

short item on the air quality matter and then the

oceangoing vessel, which will take about an hour plus.

CHAIRPERSON NICHOLS: Right, which is an public

hearing item.

So do you think we can do this all in an hour?

We don't have an executive session scheduled today at

lunchtime.

EXECUTIVE OFFICER GOLDSTENE: Right. No, I think

we could be back maybe by 1:15 or so.

CHAIRPERSON NICHOLS: All right. Let's try for

1:15 then to return.

Thanks very much, everybody.

12:04 PM

(Whereupon a lunch recess was taken.)

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AFTERNOON SESSION

1:29 PM

CHAIRPERSON NICHOLS: Ladies and gentlemen, as

usual, we were a little optimistic about how long it would

take us to get through the tour and lunch, but we're

starting a few minutes late here.

And I think we're going to start with an

informational item. At least I hope that's where we are

-yes? - on the staff's recommendations for designations

under the revised sulfur dioxide federal standard.

So, Mr. Goldstene, would you please introduce

this item.

EXECUTIVE OFFICER GOLDSTENE: Thank you, Chairman

Nichols.

U.S. EPA's in the process of reviewing the

adequacy of all federal air quality standards. In June of

last year, they revised the sulfur dioxide standard.

As a first step in implementing the new

standards, states are required to submit recommendations

for area designations to the EPA. Staff will provide a

brief summary of the designation recommendations that were

recently submitted to the EPA.

Gail Sweigert from Planning and Technical Support

Division will provide the presentation.

Gail.

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AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

Thank you, Mr. Goldstene, and good afternoon Madam

Chairwoman members of the Board.

(Thereupon an overhead presentation was presented

as follows.)

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

As Mr. Goldstene mentioned, I'll be summarizing our

recommended area designations for the new federal sulfur

dioxide standard.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

In June of last year, U.S. EPA adopted a new one-hour

sulfur dioxide, or SO2 , standard. This standard is more

stringent than the previous SO2 standards, which had not

been violated in California more than three decades.

Under the Clean Air Act, state recommendations on

area designations are due one year after the standard is

adopted. Consistent with this time line, we submitted our

recommendations earlier this month. EPA now has a year to

consider our recommendations before issuing final

designations and boundaries. We expect EPA's final action

by June of next year.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

The new federal SO2 standard is set at a level of 75 parts

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per billion averaged over a one-hour time period. This

standard replaces the previous 24-hour and annual

standards, which had been in place for many years.

The new one-hour standard focuses on acute,

short-term health impacts. EPA changed the averaging time

because health studies showed that short-term exposures,

on the order of five minutes to one hour, were strongly

linked to adverse health impacts. Under the previous

24-hour and annual standards, short-term concentrations

could exceed the level needed to protect public health.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

The newer health evidence for sulfur dioxide shows a

stronger link between short-term exposure and adverse

respiratory effects. These respiratory effects include

difficulty breathing and a worsening of asthma symptoms,

especially in exercising individuals.

Additional health evidence also points to an

increase in emergency room visits and an increase in

hospital admissions for all respiratory illnesses,

including asthma, when SO2 concentrations are elevated.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

The area designation process for SO2 is similar to that of

other pollutants. The review is based on air quality data

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for a recent three-year period; in this case, 2007 through

2009. Based on these data, staff determined the

designation status - in other words, does air quality meet

the standard or does it violate the standard? Staff then

proposed an appropriate boundary, using the criteria

specified by EPA guidance. For SO2 this included five

factors: Emissions, air quality, meteorology, geography,

and jurisdictional control.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

Compared with other parts of the nation, the total amount

of SO2 emissions in California is relatively small.

However, SO2 emissions contribute to PM2.5 pollution, so

ongoing emission reductions remain important.

Most SO2 emissions in California are associated

with a few source categories. In particular, oceangoing

vessels account for the largest portion of the statewide

total, about 55 percent of California's SO2 inventory.

A remaining large portion of the statewide SO2

emissions comes from stationary sources. The majority of

these emission come from petroleum refining, fuel

combustion from sources such as boilers and process

heaters, and from mining processes and cement

manufacturing activities. These type of stationary

sources are widely distributed throughout California.

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However, the largest sources that are of most concern for

SO2 are limited to just a few areas of the state.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

Decades ago California switched from fuel oil to natural

gas for generating electricity, which dramatically reduced

SO2 emissions in California. SO2 emissions throughout the

state are now close to half of what they were in 1990.

Much of the ongoing reduction is due to improved controls

on stationary sources and limits on the sulfur content of

fuels they use.

Another large reduction is attributable to

limiting the sulfur content in shipping fuels, which has

especially benefited the areas with large port operations.

The next item on today's agenda deals with ARB's

oceangoing vessel clean fuel regulation, which has already

reduced emissions nearly 80 percent. This rule is a key

PM2.5 SIP measure and it also helps to improve SO2 air

quality along California's coast and in port communities.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

The reduction in SO2 emissions is mirrored in the ambient

SO2 air quality. This graph shows the long-term trend for

the three most populated areas of California: The

San Francisco Bay Area, the South Coast, and the San

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Joaquin Valley. In all three of these areas,

concentrations are now at least half of what they were

20 years ago. In addition, they are well below the level

of the new one-hour federal SO2 standard.

While there is a gap in the trend analysis for

the San Joaquin Valley due to incomplete data, the recent

values show low levels compared to the new federal

standard. Similar trends hold true for other parts of the

state.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

Currently, California has ambient SO2 monitoring networks

with a total of 39 sites. These sites are located

throughout the state, with the most populated areas having

the largest number of monitors. Concentrations at all

sites are far below the level of the new

75-part-per-billion standard, with maximum concentrations

in urban areas ranging from 20 to 35 parts per billion.

Concentrations in nonurban areas that are not

located near large stationary sources are much lower,

ranging from 2 to 17 parts per billion.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

In addition to the statewide network, there are several

special purpose monitoring networks in areas with

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significant SO2 sources. One of these areas is the Long

Beach / Los Angeles port complex. As part of their clean

air action plan, the ports established a six-site

monitoring network to measure port-related pollution

concentrations.

This special network has been operating for about

five years, and recent data show one-hour SO2

concentrations in the range of 34 to 62 parts per billion.

Although these levels are generally higher than those

measured by the ambient monitoring network, they are still

below the level of the new federal standard.

We anticipate that this network will continue to

operate long term, providing useful information about SO2

and other pollutant levels in the ports area and

surrounding impacted communities.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

In addition to the ports monitoring in the South Coast,

the Bay Area also conducts special purpose SO2 monitoring.

A network of 15 ground-level monitors are located near or

outside the property boundaries of the five Bay Area

refineries in Contra Costa and Solano counties. These

refinery operations are among the largest SO2 sources in

the state.

Under the District's Regulation 9, the monitors

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measured downwind near-source concentrations as part of

the facility operating permit.

Measured concentrations at these monitoring sites

range from 1 to 56 parts per billion, all of which are

below the level of the new federal SO2 standard. As with

the port's monitors, we expect this facility-related

monitoring will continue operating long term.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

In addition to evaluating air quality data, the federal

SO2 standard designation process contains a new

requirement that air quality be supplemented with modeling

for large stationary sources.

U.S. EPA guidance focuses on sources that emit

more than 100 tons of SO2 per year.

In California, 34 facilities exceed this emission

threshold and will require modeling.

While the majority of these facilities are

refinery operations, the remaining large sources include

cement plants, mining operations, glass manufacturers, and

co-generation facilities. SO2 emissions from facilities

in California are small compared to large SO2 sources

elsewhere in the nation.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

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Over the next several months, our air quality modeling

staff will be working with the local districts to develop

an SO2 modeling protocol. The larger districts will

complete their own modeling efforts, and ARB staff will

conduct modeling for the smaller districts.

We have committed to providing the modeling

results to EPA prior to their making final area

designations in June 2012.

--o0o--

AIR QUALITY ANALYSIS SECTION MANAGER SWEIGERT:

In summary, all SO2 monitors in California show compliance

with the new federal standard. This includes monitors in

the ambient network as well as special purpose monitors.

In most cases, concentrations comparable with the federal

standard are well below the level of the standard.

As I mentioned earlier, staff has submitted a

technical analysis to U.S. EPA in support of the

attainment recommendation. Modeling for large stationary

SO2 sources will be completed as required and submitted to

U.S. EPA before the area designations are made.

This concludes my presentation. And now I'll be

happy to answer any questions you have.

CHAIRPERSON NICHOLS: This really isn't a

question, but it's a comment for the Board members.

I think the staff was perhaps a little too plain

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vanilla in the presentation to highlight this point. But

as a result of having to do the additional monitoring and

modeling for the SO2 standard, which as you can see is in

and of itself not a problem for us in terms of planning,

we are going to be getting data out of this new

monitoring, which I think is very helpful and responsive

to concerns that have been raised by communities that are

downwind of these major facilities. And so I'm hoping

that, if anybody is listening today, or if they're not,

that in the future we will be able to communicate that

this is an area where perhaps an investment that's

required by one part of the Clean Air Act turns out to be

moving us in a direction that's very useful and really

enabling us to respond effectively to concerns that are

being raised by all of the groups that are particularly

concerned about environmental justice considerations. And

I think it's going to be useful to researchers and others

as well.

BOARD MEMBER BALMES: So does that mean that

we're monitoring for other pollutants in conjunction with

SO2 ?

CHAIRPERSON NICHOLS: These stations have other

monitoring attached to them in many instances.

Yes. Go ahead, Karen.

AIR QUALITY DATA BRANCH CHIEF MAGLIANO: This is

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Karen Magliano.

In the ports network, for example, in the South

Coast, that's a comprehensive network that has multiple

pollutants that are measured.

Around the refineries it's simply focused on SO2

and then some hydrogen sulfide monitoring because of

issues about odors. But Bay Area has said there's the

possibility that those networks could be expanded if there

was strong interest.

CHAIRPERSON NICHOLS: And once you've got the

sites, other things are possible too.

BOARD MEMBER BALMES: Right.

CHAIRPERSON NICHOLS: So I think this is good

stuff, just to let you know.

BOARD MEMBER BALMES: Yeah, I have to confess

that I was on the Clean Air Scientific Advisory Committee

panel that reviewed the SO2 standard. And the first

research I ever did with a air pollutant was on SO2 , and

showed that even short exposures could lead to

exacerbations of asthma. So I was really pleased that EPA

finally came up with a standard that protects asthmatics.

But I'm also glad to see that we basically don't have a

problem here in California --

CHAIRPERSON NICHOLS: Yes, for once.

BOARD MEMBER BALMES: -- with regard to

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enforcement.

CHAIRPERSON NICHOLS: Yes, Ms. Berg.

BOARD MEMBER BERG: It just occurred to me that,

in reading -- or listening to the facilities that you

listed, that these facilities are going to fall under the

requirement under AB 32 to do some review of their

pollutants and come up with scenarios that they might be

able to reduce those pollutants. And I was just wondering

if additional requirements -- if we go back and look at

what they're required to do under that requirement, that

we are trying to keep things homogenized as best as

possible and not keep them in silos. So it would seem to

me that SO2 would certainly fall under that requirement.

And so whatever modeling they're doing there, does it

apply to this, or will this modeling apply to that? So

that we're not asking them to do an entire different study

that is going to be duplicative cost -- it'll double cost.

And so have we taken a look at things like that?

BOARD MEMBER BALMES: That's the industrial

audit, I think you're referring to.

CHAIRPERSON NICHOLS: That's what I was

wondering.

DEPUTY EXECUTIVE OFFICER FLETCHER: I think it's

the industrial audit measure that you're looking at. And

the modeling that -- they're not really doing modeling in

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this context where they're estimating the fence line or

near-term concentrations of SO2 . In the industrial audits

measure what they're doing is going through and looking at

the emissions of various units within the facility,

whether it's a refinery or cement plant, and looking at

ways -- you know, first of all what is the energy

efficiency of the individual units within there? And then

looking at the technology that could be applied to reduce

that both from a greenhouse gas and a criteria

pollutant -- criteria and toxic pollutant.

So I don't think there's a conflict here in terms

of what's required.

CHAIRPERSON NICHOLS: But there is a connection.

And the question is --

DEPUTY EXECUTIVE OFFICER FLETCHER: There's a

connection but not a requirement.

CHAIRPERSON NICHOLS: -- is there some

potential --

BOARD MEMBER BALMES: Synergy.

BOARD MEMBER BERG: I just think we need to be

mindful as the same people are popping up, you know,

because they're the ones that are going to be the larger

emitters. And I just think we need to be mindful how can

we look at our roles to be able to get the most bang for

their buck. And I just would appreciate if staff could

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keep that in mind.

CHAIRPERSON NICHOLS: No, I think that's a good

point, especially when you're even just about multiple

communications coming from us; you know, first it's this

and then it's that. I can -- from the perspective of the

facility owner, it's going to look like something

uncoordinated and potentially more burdensome than it has

to be.

So I guess the question, or maybe direction to

staff, would be to take a look at how we're rolling out

these two items and see if there's some potential to

coordinate.

DEPUTY EXECUTIVE OFFICER TERRY: Maybe just one

quick comment.

The only requirement really imposed on California

that's new as a result of this process is the requirement

to do the air quality modeling specific to SO2 for those

34 facilities. In this particular case, the air districts

will be doing the modeling or else ARB. So there's pretty

limited impact on the facilities themselves.

BOARD MEMBER BERG: Thank you for that

clarification.

CHAIRPERSON NICHOLS: Okay. Good.

All right. If there's nothing more on this item,

thank you very much for the report.

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And we will move on to our last item, which is

also a regulatory item, which is proposed amendments to

the Oceangoing Vessel Clean Fuel Regulation. This

regulation has been in the process of being implemented

since July 2009 and requires ships within 24 nautical

miles of the California coastline to use cleaner burning

fuels.

The amendments that we're considering today were

developed with information that was learned during the

first year and a half of implementation. As many of you

will remember -- well, when this regulation was originally

adopted in 2008, the Navy raised a concern at the time

about the impacts of changes in vessel routing that might

occur as a result of the regulation. And at the time the

staff was directed to monitor the situation and report

back to the Board if ships posed a potential problem for

the operations at the sea range.

Unfortunately, it did. And the staff has worked

closely with the Navy and other stakeholders to develop

amendments that address the Navy's concerns, as well as

preserving the essential public health and air quality

benefits from this regulation, some of which you already

heard about just a minute ago when we were talking about

our progress on SO2 .

So the situation that we're facing is that there

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has been a change in vessel routing that's resulted in the

significant increase in the number of ships that are

making their way through the Navy's Point Mugu Sea Range

in southern California. And we're now in the process of

trying to address that.

For your information, I thought it would be

useful to ask the Navy to come join us today and give us a

short presentation about the sea range prior to the staff

presentation of the proposed amendments.

We have with us I, believe - I'm looking out

here - Capt. Sinofsky, who's here to make this

presentation. And I want to thank him for coming today.

And I'll ask Mr. Goldstene first to just

introduce the item.

EXECUTIVE OFFICER GOLDSTENE: Thank you, Chairman

Nichols.

As with any regulation adopted by the Board, ARB

staff monitor implementation. If information becomes

available to indicate that amendments are needed, we work

with stakeholders to develop amendments for your

consideration. This is the case for the Oceangoing Vessel

Clean Fuel regulation, as Chairman Nichols just indicated.

Amendments are needed to help address the change

in channel traffic patterns that have occurred -- in

vessel traffic patterns that have occurred in southern

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California and that are creating the potential for vessels

to interfere with Navy operations in the Point Mugu Sea

Range.

ARB staff worked closely with the U.S. Navy, U.S.

Coast Guard, and other stakeholders on this issue. Based

on the work, staff will propose amendments today that we

believe will reduce the potential for vessels to interfere

with Navy operations in the sea range and will help ensure

a successful transition to low sulfur fuels by aligning

the implementation dates of the regulation more closely

with recently adopted federal requirements.

These amendments retain the health protective and

air quality benefits originally anticipated from the

regulation.

I'll now ask Bonnie Soriano of the Stationary

Source Division to present the staff's proposal.

Bonnie.

(Thereupon an overhead presentation was presented

as follows.)

STAFF AIR POLLUTION SPECIALIST SORIANO: Thank

you, Mr. Goldstene.

Good morning, Madam Chairman and members of the

Board.

Today we are proposing for your consideration

amendments to the Oceangoing Vessel Clean Fuel regulation.

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--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: I have a

brief presentation that will provide a background on the

regulation, describe the amendments we believe are

warranted, discuss the impacts from those amendments,

propose one 15-day change, and then provide conclusions

and recommendation.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Now a

brief overview of the regulation itself.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

Oceangoing Vessel Clean Fuel Rule was approved by the

Board in 2008 and began implementation in July 2009, and

that's about two years ago. It requires ships to use

cleaner marine distillate fuels instead of the dirtier

residual fuel that they typically use. Ships are required

to use the cleaner fuels within a clean fuel zone that is

approximately 24 nautical miles off the California

coastline. And that is shown in this figure on the slide

as the lighter blue region along the California coastline.

The fuel requirements are implemented in two

phases having progressively lower fuel sulfur limits.

Phase 1, which began July 2009, requires the use

of either marine gas oil or marine diesel oil. The marine

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diesel oil is capped at .5 percent sulfur.

Both of these are distillate fuels. We are

finding that on average the marine distillate fuels that

the ships are using to comply with this regulation average

about .3 percent sulfur.

Phase 2 is scheduled to begin in January of next

year, 2012, and establishes a fuel sulfur requirement of

.1 percent.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: This

regulation is a critical measure in our efforts to improve

air quality and protect public health. It contributes

over half of the reductions from new measures in the South

Coast's 2014 PM2.5 attainment demonstration.

It is also a key measure in the ports of Los

Angeles and Long Beach clean air plan and reduces the

public's exposure to diesel PM from ships by over 80

percent.

Because it is a clean fuel requirement, the

benefits of the regulation begin immediately upon

implementation. And over the past two years, the use of

cleaner fuels has reduced emissions of sulfur dioxide,

which I'm going to short cut as SOx through the rest of my

presentation, by 73 tons per day; PM, which is particulate

matter, by 8 tons per day; and NOx by 8 tons per day.

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This translates to about 6,000 tons of both PM

and NOx and 50,000 tons of SOx reduced over the last

two years.

While about 90 percent of the emissions benefits

are realized with the Phase 1 fuels, the Phase 2 fuel

requirement will also provide additional benefits of about

2 tons per day PM and 17 tons per day of SOx.

When you approved this regulation, it was the

first comprehensive ship fuel requirement in the world.

And as I'll discuss a little later, since that time

federal and international fuel requirements have been

adopted.

California's regulation is a critical bridge to

these federal requirements that will be equivalent to our

Phase 2 0.1 percent requirement in 2015.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Now I'll

discuss the proposed amendments.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Overall,

the implementation of this regulation has been going very

well. We estimate that there have been over 19,000 ship

visits since July of 2009, and we are seeing well over a

95 percent compliance rate. However, we have encountered

some challenges that warrant the need for amendments.

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One of the things that has happened is that the

traffic patterns have changed in southern California.

This is because many vessel operators have elected to use

a route outside the regulatory zone where they're not

required to use the cleaner fuel. This has resulted in a

significant increase in traffic through the Navy's Point

Mugu Sea Range and according to the Navy has increased the

potential for vessels to interfere with naval testing and

operations.

There have also been some operational challenges

that have resulted in a small number of temporary loss of

propulsion incidents, mainly related to the lower

viscosity of the clean fuel.

And, last, as I mentioned before, there are new

federal and international requirements. While this is not

necessarily a challenge, it does present an opportunity to

better align the California program with federal

requirements, which we think will facilitate successful

implementation of both programs.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Over the

past two years, we have worked closely with the maritime

industry, the Navy, the U.S. Coast Guard, and local

districts in implementing the regulation and in developing

the proposed amendments to address the issues that I have

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described.

Our objectives in proposing the amendments are:

To minimize the impacts on the Point Mugu Sea

range;

To facilitate a more successful transition to the

cleaner .1 percent sulfur fuel; and

To make other minor adjustments to the regulation

that we believe will help with implementation.

In the next few slides, I will describe the

amendments we are proposing and our rationale.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: First,

we think that it is very important to do what we can to

minimize the potential impacts to the Navy's Point Mugu

Sea Range from the increased vessel traffic. To do this,

we are proposing to expand the clean fuel zone in southern

California. By expanding the clean fuel zone, we

eliminate the cost advantage of using routes through the

Point Mugu Sea Range. If this is done, we believe that

the vessels will return to the historical routes they used

before the regulation was implemented, lessening the

potential for vessels to interfere with the military

operations.

In addition, because the vessels will be using

the cleaner fuel, the emission reductions originally

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anticipated in this region will be regained.

And now I'll provide you with some background on

the need for this amendment.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: In this

slide, I will walk you through the changes in traffic

Patterns in southern California. So I'm starting here

with the region, which is about from the tip of Santa

Barbara to the ports of Los Angeles and Long Beach. The

Channel Islands are shown. And the large overwater areas

shown in bright blue are the Navy's Point Mugu Sea Range.

The Santa Barbara Channel route is now shown as

the dark blue double line. This route is a long-standing

traffic separation scheme that extends the length of the

Santa Barbara Channel and is listed on NOAA and nautical

charts. It is the only International Maritime

Organization-approved routing measure in this area. And

it was established to reduce the risk of collisions by

separating arriving and departing traffic.

This route is also typically the shortest route

for both traffic arriving from Asia on the Great Circle

route and traffic to and from northern California.

As shown in the gray area, the current clean fuel

rule extends out to about 24 nautical miles off the

coastline. Vessels operating in this zone must use the

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cleaner fuels.

After implementation of the rule, many shippers

have increasingly chosen to transit through the Point Mugu

Sea Range outside the clean fuel zone. We have depicted

the transit through the sea range and called it the outer

route. It is the red line on the southwest side of the

islands.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: As shown

in this figure, since implementation of the regulation

began there's been a steady increase in the number of

vessels that have elected to transit through the Point

Mugu Sea Range.

This chart shows the change in the percentage of

vessels to the ports of L.A. and Long Beach that transit

through the sea range. As you can see, historically about

seven percent of the traffic used to transit through the

sea range. That has now increased to about 50 to 60

percent of all port vessel visits.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: We

believe the changes in vessel routing are primarily driven

by the fuel cost difference between the two routes. The

cost of the channel route is about $3,000 higher since the

more expensive fuel is required for that entire portion.

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As you will hear in their presentation, the U.S.

Navy has raised concerns about the higher number of

vessels transiting in the sea range, as it has increased

the potential for vessels to impact exercises and

operations that take place in the sea range.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: In this

map, I will describe the proposed amendments to the clean

fuel zone. So we are starting here at the same place we

left off in the last map slide. And this shows the

current clean fuel zone in gray, the channel route in the

double line in blue, and the outer route in red.

We propose to expand the zone out past the

Channel Islands in southern California. The expanded zone

is consistent with the contiguous zone, which is a well

realized zone on nautical charts.

We also propose to exclude a small area of the

contiguous zone from the clean fuel requirement. We have

referred to this area as a window.

The purpose of the window is to equalize the

distance that the clean fuel is required for the two

routes and correspondingly equalize the fuel costs.

With these changes to the boundary in southern

California, we believe vessel operators will return to the

Santa Barbara Channel route and lessen the potential

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impacts on the Point Mugu Sea Range.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

second amendment I will discuss is a proposal to extend

the Phase 1 fuel requirement by two years and to begin

Phase 2 in 2014. While we are fully committed to reaching

the Phase 2 limit of .1 percent sulfur and believe it to

be technologically and operationally feasible and cost

effective, we do think that there are valid reasons to

adjust the timing for the implementation of the Phase 2

requirements.

We believe that taking a little longer will help

facilitate a successful transition to the cleaner 0.1

percent fuel and still allow us to meet our SIP

commitments. It will simplify integration of state and

federal requirements and provide additional time to

address operational and fuel issues.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Since

the adoption of the OGV rule, as I mentioned before,

federal and international standards have been established.

And just to give you some idea of these standards, in

March of 2010, a North American Emission Control Area - or

I'll call this the ECA - was approved. The ECA requires 1

percent sulfur fuel, and it can be either heavy fuel or

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distillate, beginning in August 2012 and then a 0.1

percent sulfur fuel beginning in January of 2015. The ECA

zone is about 200 nautical miles from the U.S. And

Canadian coastline.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: Moving

the Phase 1 out by two years will more closely align our

Phase 2 implementation date with the ECA Phase 2

requirement, and also it will help to avoid having vessel

operators manage different federal and state fuel

requirement changes in 2012.

The extension will also allow time for

coordination with the U.S. EPA, U.S. Coast Guard, and

others during the transition to the 0.1 percent sulfur

fuel requirement.

The extension will not impact the significant

benefits that are achieved with the Phase 1 fuels. And as

a reminder, over 90 percent of the emission reductions

from the regulation are realized with the Phase 1 fuels.

The two-year extension is also consistent with

our 2014 SIP commitment for South Coast.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

proposed Phase 2 extension also provides additional time

to address operational issues such as temporary loss of

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propulsions. And I'll call those LOPs. With about 19,000

successful vessel visits since the regulation began, the

Coast Guard has reported that a small number of vessels -

and this is about 2 percent of all vessel visits or about

38 vessels - have experienced loss of propulsion incidents

related to the use of distillate fuel.

During the last two years, ARB has worked closely

with the Coast Guard, Harbor Safety committees, the Office

of Spill Prevention to address these operational issues.

Under contract to the Air Resources Board, the

California Maritime Academy investigated the LOPs and

identified primary areas of concern. CMA identified that

an area of concern was low fuel pressure related to the

low viscosity of the distillate fuel.

The extension in Phase 1 provides additional time

to investigate causes and determine solutions for the loss

of propulsion incidents prior to implementing more

restrictive fuel requirements.

The extension also provides more flexibility to

find fuels with higher viscosity levels since Phase 1 is

less restrictive, and provides more time for recent

viscosity related enhancements to the fuel specifications

to more fully reach the marine fuels market.

And that leads me on to our third objective.

--o0o--

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STAFF AIR POLLUTION SPECIALIST SORIANO: To

further assist implementation, we are also proposing other

minor amendments, such as the incorporation of a revised

fuel standard that has enhanced viscosity and lubricity

specs, that I just mentioned in the last side, and an

updated nautical chart.

We are also proposing changes to the

noncompliance fee provision, which I'll discuss more in

the next slide.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

noncompliance fee provision allows vessel operators to pay

a fee instead of direct compliance. And it is limited to

very special circumstances that are beyond the master's

reasonable control, such as unplanned redirection at sea

or purchase of defective fuel. This provision is not a

fine or a violation, and it has only been used five times

since the rule began. It also requires ARB approval prior

to use.

We are proposing to restructure the fees to

encourage purchase of a compliant fuel on arrival to

California by having the fee in that situation.

We propose to retain the same fee for a single

port visit, but adjust the fee structure for multiple port

visits.

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Staff believes that the proposal is a more

reasonable fee structure. And even with these proposed

amendments, all noncompliance fees are at least one and a

half times higher than the cost of direct compliance would

be if the vessels were using the fuel.

We do not think that these changes will result in

increased use of this provision, as we are not proposing

any changes to the criteria that specify when the

noncompliance fee can be used. And these criteria are

very restrictive.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: So now

I'll go over the impacts of the proposed amendments.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

charts on this slide show the projected PM on top and the

SOx emissions on the bottom until 2015. The base line

with no rule is shown in green, the current regulation is

shown in blue, and the proposed amendments in red.

As you can see from the charts, the proposal

retains the emission reductions projected for the current

rule for both PM and SOx, and emissions continue to

decline in subsequent years.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: We also

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saw in the previous slide the protected emission

reductions are greater statewide with the proposed

amendments than with the current rule. However, due to

the Phase 1 extension, the benefits are slightly lower in

2012 and 2013. In that two-year period, the emissions

will still continue to decline, just not as quickly. And

the remaining emissions are far lower than originally

anticipated, in part due to the recession.

Staff has also evaluated the potential impacts to

whales in the southern California region due to the

anticipated increase in vessel traffic using the channel

route. We found that the impact will be similar to what

it was before the regulation where the vessels primarily

used the channel route.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: The

total estimated costs of the proposed amendments are $10

million per year in 2012 and 2013 and $47 million per year

in 2014.

The proposed amendments do provide cost savings

compared to the original rulemaking primarily due to the

extension of the Phase 1.

The cost effectiveness of the proposed amendments

is about $16 per pound of diesel PM reduced, which

compares favorably to many other regulations adopted by

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the Board.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: I will

now cover our proposed 15-day change.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: We have

identified one 15-day change that will help further

integrate our regulation with the ECA. To align

California's Phase 1 with the ECA Phase 1 sulfur

requirement, we propose to include a 1 percent fuel sulfur

limit for our Phase 1 marine gas oil. We propose that

this requirement begins August 1, 2012, to coincide with

the ECA Phase 1 implementation date.

We do not expect this change to impact the

regulated industry since Phase 1 complaint marine gas oil

averages .3 percent, well below the one percent proposed

limit. And inspection records show that 98 percent of the

Phase 1 compliant fuels sampled by our enforcement staff

are below 1 percent sulfur.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: In

conclusion, we believe the proposed amendments will assist

in the successful transition to 0.1 percent sulfur fuel.

The amendments will lessen the potential for impacts on

the Point Mugu Sea Range by removing the economic

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advantage that drives the route changes in southern

California.

The amendments will also provide the benefits of

additional time to address operational issues that have

been encountered and better integrate state and federal

programs.

The amendments before you today also continue to

fulfill our 2014 SIP obligation and are cost effective.

--o0o--

STAFF AIR POLLUTION SPECIALIST SORIANO: We

recommend that the Board adopt the proposed amendments

with the suggested 15-day change.

We also recommend that you direct staff to work

with the Navy to monitor vessel traffic trends through the

Point Mugu Sea Range, and also to continue to work with

the U.S. Coast guard and the maritime industry to monitor,

investigate, and evaluate any fuel-related issues.

This ends our presentation. And I would now like

to thank you for your attention.

And now Richard Corey will introduce the U.S.

Navy's personal.

STATIONARY SOURCE DIVISION CHIEF COREY: Yes, now

we're asking Tony Parisi, Randy Friedman, and Captain

Cudnohufskyto join us for a presentation on the Point Mugu

Sea Range.

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And it will be Captain Sinofsky with the Naval

Air Systems Command that will give the presentation.

CHAIRPERSON NICHOLS: Thank you. Welcome.

CAPTAIN CUDNOHUFSKY: Good afternoon. How are

you?

CHAIRPERSON NICHOLS: Good afternoon.

CAPTAIN CUDNOHUFSKY: So what I'll be doing this

afternoon is just talking about our mission as NAWCWD as

well as the sea range and how this is impacting our

operations.

(Thereupon an overhead presentation was presented

as follows.)

CAPTAIN CUDNOHUFSKY: So the first slide shows an

overview of the Point Mugu Sea Range. And it's part of

the NAVAIR West Coast ranges systems, a very integral

part. The connecting part is what we call the IR 200

corridor that we can activate at different times to

support missions when required.

The sea range provides safe, operational, and

realistic environment for us to test and training --

testing and training for mainly naval air systems, but we

also cater to all weapon systems for DOD and our allied

counties as well.

Our core mission is mainly testing, training, and

experimentation associated with primarily air warfare

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systems.

--o0o--

CAPTAIN CUDNOHUFSKY: So as I said, it's

primarily providing a realistic open-air-range

environment. It's 36,000 square miles of sea range. And

it can be expanded as required to accommodate additional

testing. For example, the Missile Defense Association

when we work with some of their programs requires a much

larger range. So we'll expand the range to accommodate

those type of tests.

We have operations and range control complexes

that support the operation of the sea range and we have

extensive instrumentation throughout the sea range. The

TSPI is time, space, and position instrumentations.

We have sophisticated data processing and display

systems, as well as air and sea targets that we can

incorporate throughout the range.

Range safety and security and environmental

support is extensive throughout the range complex systems,

and we have a whole host of support aircraft for our

missions.

--o0o--

CAPTAIN CUDNOHUFSKY: We're the nation's largest

and most capable instrumented sea range. We're ideally

suited for our missions that we perform out there to

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provide the nation with its air and sea weapons to defend

our nation.

It's ideal location where we are supported by the

natural features such as the islands, San Nicolas Island,

Santa Rosa Island, the Laguna Peak where our

instrumentation is elevated well above the sea level, over

a thousand feet, and look well into the range.

Supports a broad array of testing and training

scenarios. And I'll talk a little bit more about that

later. But, again, primarily we're supporting the

research, development, acquisition, testing and evaluation

of our weapons, our nation's weapons.

Not only do we support and test and train our

Navy's weapon systems, but also all of DOD - Air Force,

Army, Marine Corps as well as other international

countries that are our allies.

--o0o--

CAPTAIN CUDNOHUFSKY: This cartoon provides you a

little bit of insight into the type of -- a typical type

of a mission we would do out on the sea range. We'd have

the flight test vehicle performing out in the range and

we'd have multiple instrumentation that would track it.

And the TM is telemetry. That provides us the

health and welfare and safety aspects of that vehicle.

And that's all sent back to our range control back at

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Point Mugu and then San Nicolas Island. And then through

fiber optics and microwave connections, we're completely

integrated with all of the instrumentation and sensors.

--o0o--

CAPTAIN CUDNOHUFSKY: This depicts a little bit

of a typical type of a hazard pattern that would be

associated with a test or a mission that we would do out

there. So different colors would indicate different type

of tests that we would do. So when we're testing a

particular air vehicle perhaps, launching it from Point

Mugu, there would be an associated hazard pattern that

would be associated with that weapon. So before the

launch of that weapon, we'd clear that air zone and the

sea zone, make sure it's completely clear of ships,

nonparticipants, and ensure that it would be cleared for

however long the window that our mission would take place.

So, you know, a ship typically moves 12 to 15

knots. We'd go out -- if it was a two-hour window, we'd

go out 30 miles beyond the hazard pattern and make sure

that no ship would be able to move within that pattern as

we had cleared it.

So some of them are smaller hazard patterns.

Some are quite large and extensive.

--o0o--

CAPTAIN CUDNOHUFSKY: This is a depiction of the

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type of operations that we would do it out on the sea

range. We'd typically have about 17,000 events per years.

The red is training events. The blue,

operations. And green is RTD&E, research, test,

development, and experimentation. And the yellow would be

maintenance, maintenance of our sea range boats or

aircraft that we'd need to do out on the sea range.

--o0o--

CAPTAIN CUDNOHUFSKY: Of course with any type of

an operation we'd do out there, safety is paramount, and

we're very serious about that and have a very good safety

record.

And it's very -- we take great pains to make sure

that the evolution is safe. And part of that is clearing

that range with our aircraft, making sure no one -- no

nonparticipants are within there. And if we do happen to

get what we call an interloper, somebody that doesn't

belong in there, we'll cease all operations until we can

clear the range and make sure we have a safe environment

to conduct our tests.

And we have extensive instrumentation to be able

to help us do that and monitor what's out there and what

should and should not be out there.

--o0o--

CAPTAIN CUDNOHUFSKY: So this is very similar to

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the chart you had seen in the previous presentation, with

the channel in green. And then what we've been observing

with the red alternate shipping route that we've seen that

interferes with the operations that the Navy does out on

the sea range. As the ships divert out of the channel,

they transit across the sea range, which then impacts our

operations, causing either delays or cancellations in our

operations.

--o0o--

CAPTAIN CUDNOHUFSKY: And to that extent, this

next chart shows, again very similar to the chart you'd

seen on the previous presentation, what we've observed on

that behavior. So on the far left what we are seeing is

one inbound and one outbound ship per day. And since that

time of 1 July in 08 until present it is now up to seven

to seven and a half times what we had seen historically.

So a significant increase in shipping across the sea

range.

--o0o--

CAPTAIN CUDNOHUFSKY: To help mitigate some of

this, we've done extensive coordination with the shipping

industry through L.A. and Long Beach, a marine exchange

from our Ops conductors.

Through our surveillance of the sea range, we

have redirected the ships that were in the area. And that

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typically results in quite a delay into the mission.

Ships moving at 12 knots, it takes sometime to transit

across the sea range. They can't just turn around or, you

know, accelerate there. So typically it's an hour or

several hours of delay into a mission, which represents a

significant cost.

And we tried to minimize operational impacts.

But to that extent there's only so much we could do to

mitigate that.

--o0o--

CAPTAIN CUDNOHUFSKY: And our concerns obviously

in the future, what we see if we're unable to get the

shipping behavior back into the channels, we're going to

see increased transits through the sea range, which

obviously have impacts into our mission.

As hopefully our economy recovers, I think it

will be more incentive perhaps if we don't get this

regulation in place, that these ships will continue to

divert the channel.

Some of the delays and cancellations will be

inevitable, will increase costs to the programs. As the

economy and our budgets are all shrinking, that's a

significant impact into our programs and our ability to

bring these needed weapons online.

And the perhaps intangible costs are the training

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events that are taking place out there for our military

are unable to be completed. So we deploy our military

without the really benefit of the needed training that

would have been accomplished, if they're impacted and are

unable to do their training due to ships through the sea

range.

--o0o--

CAPTAIN CUDNOHUFSKY: And, in summary, again

Point Mugu Sea Range and the missions that we complete out

there and the testing and evaluation, support that

acquisition programs for the weapon systems that we bring

online, it's critical that we are able to conduct those

tests and evaluations and training on time and when

needed.

As an example, the Joint Strike Fighter Program

operates at a burn rate of about $30 million a day. So

every day that they're unable to collect the needed data

to continue to progress the program, it essentially will

cost the program $30 million. Obviously not every program

is such a substantial program. But all programs have a

limited budget in order to operate and complete their

programs and bring these weapons online. So it is a

significant impact.

Increase in ship traffic through the sea range is

impacting our ability to test and train. We've been

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working with the shipping industry and there's significant

coordination that's been taking place to try and mitigate

these impacts. But as you can see, the data says that it

still is an impact for us.

And as the economy improves, the shipping

industry will probably -- we'll see more and more traffic.

And if we're unable to keep them in the channel, the

results will be more impact into our mission.

So our recommendation is to approve the

modification to the low sulfur regulation.

CHAIRPERSON NICHOLS: Thank you very much.

CAPTAIN CUDNOHUFSKY: More than happy to take my

questions you might have.

CHAIRPERSON NICHOLS: Thanks.

I want to express my appreciation. I understand

this has taken a lot of time and effort on your part, on

the Navy's part, as well as on our staff. And the fact

that you were willing to work together with us to try to

achieve our mutual objectives here is really much

appreciated. I know that in the past sometimes we've

seemed like the two agencies were just not able to get on

the same page. And I really appreciate how hard you've

worked to try to make sure that that can happen.

I know it was really tough for the staff to face

the possibility of a loss of the emissions benefits from

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this rule. And the fact that I think we've been able to

design a way to do this that does not involve a sacrifice

there is really terrific. It's a great outcome.

So I don't know if anybody has any questions now

or we can just hear from the witnesses. If that's okay,

we'll just go straight to the witnesses.

We do have a number of people who've signed up to

testify.

And you're welcome to stay up here if you would

like.

We'll start with Michael Villegas from Ventura

County APCD and then Kathy Long and Jonathan Sharkey.

And we do have your written, Supervisor Long.

MR. VILLAGES: Chair Nichols, members of the

Board. I'm Mike Villegas, Air Pollution Control Officer

for Ventura County.

Ventura County APCD staff is pleased to support

the California Air Resources Board staff proposed changes

to the regulations for oceangoing vessel fuels. These

proposed amendments will achieve nearly all the emission

reductions that were envisioned when this rule was

originally adopted in 2008.

The 83 percent reduction in toxic diesel

particulates will provide a significant health benefit to

Ventura County residents. Further, we will be achieving

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reductions in sulfur dioxide and nitrogen oxides.

In addition, the proposed amendments will do away

with the economic incentive for vessels to pass through

the Navy's test range. And this should prevent disruption

of the Navy's operations.

We've also reviewed the rationale for the delay

in the Phase 2 sulfur standards. And we believe the delay

is reasonable based on the fact it will better harmonize

CARB's requirements with the ECA requirements. Also will

give time for the development of additional fuels that

will comply with the new ISO standards, which are going to

address viscosity and lubricity for those engines, which

should help with loss of power.

In addition, we reviewed the proposal to reduce

the noncompliance fees. And we believe this proposal once

again makes sense. These provisions have been used only

five times in over 18,000 port visits. Further, there's

is no cost advantage to using the noncompliance fees

versus complying with the rules, so we believe it makes

sense.

Lastly, I need to note that the Air Pollution

Control board for Ventura County has submitted a letter of

support for these regulations.

CHAIRPERSON NICHOLS: We have that.

MR. VILLEGAS: Thank you.

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CHAIRPERSON NICHOLS: Thank you very much.

Supervisor Long.

SUPERVISOR LONG: Yes, good afternoon. And thank

you, Madam Chair and Board members.

It is my pleasure to be here to speak to this and

to certainly support the staff recommendation strongly on

behalf of Ventura County. I thank the staff, applaud them

for their efforts in working with the stakeholders. I

believe we have a win-win recommendations with the

amendments.

I'm here representing as Co-chair of the Regional

Defense Partnership for the 21st Century, RDP-21. It's a

community-based organization in Ventura County that has

been around for over ten years supporting our naval base

in Ventura County for the many assets, both the military

strategic importance of the base, but also for the

economic driver that the base is for all of us, and the

environmental stewards that they are.

And so the RDP-21 represents both public and

private. It has all ten cities in the county. It has

other electeds, such as Senator Fran Pavley is very

supportive, and our Congressmen, both Capps and Gallegly.

And certainly our goal is to provide and educate

our community, engage them in understanding what the

values of the base are. And as the base has been, and as

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all bases in prior BRACs have been, threatened with

closure for a variety of reason, the reason that we've

been able to stand so strong with our base is the sea test

range and the value that it brings both again for the

military importance but also the economic engine that it

is for all of our county.

We have more than 19,000 personnel, military and

civilian, who are working at that base. So you can

understand what the multiplier of that is to our local

economy: Over 20,000 at least jobs and the multiplying

benefit of $1.2 billion in goods and services, and the

fact that it continues to be such an important part in

bringing new business to the base. And that does occur

with the test range.

RDP-21 is very supportive of the oceangoing

vessel fuel rule. We certainly are supportive of

everyone's goal to have clean air. And as I said at the

beginning, this is a win-win to be able to carry this

amendment through with the good work and the cooperation

of the stakeholders to applaud that effort and to ask for

a strong "yes" vote in support of this.

Thank you for your time and your work on this.

We appreciate it. Thank you.

CHAIRPERSON NICHOLS: Well, thank you for coming.

Jonathan Sharkey, a council member from Port

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Hueneme.

Welcome.

MR. SHARKEY: Yes, good afternoon, Madam Chair,

members of the Board. I'm Jon Sharkey, Port Hueneme City

Council, member of the Ventura County Air Quality Control

Board, and a member of the Regional Defense Partnership.

And coming third in the group, it's all been

said. But I would like to personally thank the staff

here, who's done a marvelous job in solving a problem.

Clearly the previous rule did not achieve its objectives.

We believe this new rule will achieve the air quality

objectives and will reduce the impacts on naval base,

Ventura County, a large part of which sits in my city.

So thank you all.

CHAIRPERSON NICHOLS: Thanks for coming.

Henry Pak from Hanjin Shipping, followed by

Martin Schlageter and Henry Hogo.

MR. PAK: Good afternoon, Chairwoman Nichols and

all the Board members.

First of all, on behalf of our company, Hanjin

Shipping Company, I'd like to thank you for allowing us to

express our concern. And it's going to be very short.

We are not opposing to anything else but the

implementation date of Phase 2. I understand that it's

been pushed back to 2014 January from the initial starting

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date of 2012 January. But we believe that -- or we feel

that the implementation date should be conformed with the

further requirement, which is 2015 January, which allows

one more year -- or one additional year for carriers to

prepare.

And in line with that, considering fuel suppliers

comment and our company's research, there is no fuel

supplier that can supply 0.1 percent sulfur distillate

fuel in the region of eastern Asia and in America. In

this regard, be advised that sufficient market surveys and

technical verifications should take precedence in order to

confirm the possibility and availability of the low sulfur

fuel in those regions by 2014.

And, in addition, we need to ensure that there is

sufficient infrastructure to supply low sulfur fuel

without difficulties. And that is our concern, and I

would appreciate it if you give second thought to that.

Thank you.

CHAIRPERSON NICHOLS: Thank you.

I'll ask staff to respond later.

Martin, Welcome.

MR. SCHLAGETER: Thank you so much. Martin

Schlauggeter with the Coalition for Clean Air. Thank you,

Madam Chair and Board members and staff for considering

this today.

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This ship fuel rule since it was initiated a few

years ago is one of the most impactful things this Board

has done in my view, in part because it has helped shape

globally shipping practices. And there's been a lot of

reference here to aligning with ECA standards. I don't

want to lose sight of the fact that one of the main

reasons we have this ECA adoption is because of what

California's been doing under your leadership.

So I'm very much in support of the extension of

this clean fuel zone and appreciate the fact that staff

acted so promptly in addressing the issues of carriers

avoiding that zone.

This change will, we expect, help bring into --

essentially bring into compliance and gain the emissions

reductions that were expected from carriers who are now

skirting this zone, interfering with the Navy, and

unnecessarily polluting.

Certainly, we are not excited about a delay to

2014. We and the public health and environmental

community are impatience. We like to see emissions

reductions that are on the table and that we had hoped

would be achieved immediately. What I -- sort of the

lemonade that I'd like to suggest we make out of that

delay, if we could, is to complete the rulemaking of which

initial steps were taken back in 2008 on vessel speed

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reduction. By setting speed limits on ships, we can

control some of the unnecessary pollution, we can optimize

fuel use and reduce greenhouse gas pollution and indeed

hopefully minimize some of the whale strikes that was also

referenced here today.

It's my belief that if we get to work on that -

and this has been something languishing over the past

couple of years - it's my belief with Board direction, if

we can complete this rulemaking on vessel speed reduction,

then at 2014 when carriers comply with fuel rules, they

can also plan simultaneously for their timelines, their

ship speeds, their logistics in that regard. And much was

referenced by Ms. Berg in the last presentation, be giving

a clear and concise package of instruction to carriers.

And I thank you so much. I encourage your action

on that.

I have already submitted to the clerk a petition

of more than 450 signatures that we've gathered over the

past month out of interest in this speed limits issue.

So thank you so much.

CHAIRPERSON NICHOLS: Thank you.

All right. Henry Hogo, followed by Cooper

Hanning and Diane Bailey.

MR. HOGO: Good afternoon, Chairman Nichols and

members of the Board. I'm Henry Hogo, Assistant Deputy

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Executive Officer of the South Coast Air Quality

Management District.

I'm here to express the South Coast AQMD staff's

support for the extension of the regulatory boundary

beyond the current 24 nautical miles to ensure that

oceangoing vessels use the cleanest fuel possible. And we

would encourage you to adopt that today.

Relative to the delay in the use of .1 percent,

we just want to express caution in this delay. We would

want to encourage that marine vessel operators use the .1

percent as early as possible so we can understand some of

the issues related to it and closely monitor it. But we

don't want to see this delay go beyond 2014 because it is

a critical element of our 2007 AQMP.

Thank you.

CHAIRPERSON NICHOLS: Thank you. I appreciate

that. And it's just useful to observe that we've had

examples in the past of at least one major shipper that

introduced lower sulfur fuel long ahead of a requirement.

So it is possible for that to happen or to be encouraged,

and we should try to make that happen.

MR. HOGO: Thank you.

CHAIRPERSON NICHOLS: Okay. Mr. Hanning.

MR. HANNING: Good afternoon, Chairman Nichols

and members of the Board. My name is Cooper Hanning and I

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represent the Natural Resources Defense Council.

We thank the Air Resources Board for acting to

reduce emissions from oceangoing vessels by expanding the

clean fuel zone beyond the Channel Islands and for

providing incentives for ship operators to bunker with

clean fuel as soon as possible upon arrival at a

California port.

We also encourage the Board to consider

additional regulations such as vessel speed reduction,

which can reduce pollution in our communities and protect

residents' health while decreasing California's greenhouse

gas emissions.

Oceangoing vessels account for a tremendous

amount of toxic pollution in our state. In 2006 ships

were estimated to contribute 18 percent of diesel

particulate matter in California. Diesel particulate

matter is associated with a growing list of adverse health

outcomes, and these outcomes are most common in children

and the elderly. The negative health impacts are

concentrated in neighborhoods closest to the ports and

these communities are disproportionately bearing the

burden of pollution from oceangoing vessels.

This pollution can be considerably reduced via

vessel speed reduction. The Board should promulgate a

regulation to limit ship speeds to 12 knots within 40

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nautical miles of shore for all ship traffic in California

waters. Slower ship speeds will reduce harm to marine

life, cut greenhouse gas emissions, and reduce toxic air

pollution in California.

In 2009, Air Resources Board staff estimated

emissions reductions for a 12 knot speed limit applied to

all vessels within 40 nautical miles of shore. Such a

regulation would decrease diesel particulate emissions by

5.2 tons per day. California would also see daily

reductions of 40 tons of nitrogen oxides and 43 tons of

sulfur oxide.

The Board should combat this pollution by

preserving existing regulations and adopting further

measures such as vessel speed reduction.

CHAIRPERSON NICHOLS: Thank you.

Ms. Bailey.

MS. BAILEY: Good afternoon, Chairwoman Nichols,

members of the Board, and staff. My name is Diane Bailey.

I'm a senior scientist with the Natural Resources Defense

Council. And as my colleague Cooper noted, we're here

today in very strong support of the clean shipping fuel

regulation and particularly the amendment to extend the

clean fuel zone.

As you know, NRDC has been to court with you to

help defend these very important regulations several

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times. And we're happy to say that the courts

resoundingly agree that California has the right to

protect its coastal residents from the major health

hazards associated with oceangoing vessels and the toxics

laid in bunker fuel that has been used in the past.

California's clean fuel zone for international

ships is one of the cornerstones of statewide emission

reductions from this shipping sector, and it's really an

important step to curb the pollution that comes into our

state with the shipping to our ports, our rail yards, our

distribution centers. This was really one of the biggest

steps in reducing premature deaths from exposure to the

pollution. And so we applaud the effort to extend the

clean fuel zone and stem the 50 percent or so of ships

that were evading this requirement in the past entering

the ports of L.A. and Long Beach.

I want to note that we do have some concerns over

the proposed amendments. The tier delay of course does

carry somewhat of a penalty in terms of lost emission

reductions and health benefits. And I don't want to

exaggerate that, but I think that there are ways to make

up for it, as my colleague Martin offered that there are

ways to make lemonade today. And I really encourage you

to look at other measures. As Martin noted, the vessel

speed reduction measure has really languished. This is a

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measure that can deliver tremendous environmental benefits

from significant greenhouse gas reductions to marine

mammal and wildlife protections, avoiding whale strikes

and such. And I encourage this Board to take up that

measure and really get it going.

We look forward to working with staff on further

implementation of the clean shipping fuel zone as well as

vessel speed reduction.

Thank you very much.

CHAIRPERSON NICHOLS: Thank you.

Randall Friedman, did you wish to testify again?

And Dan Krokosky and Bonnie Holmes-Gen.

MR. FRIEDMAN: Madam Chairman and Board members.

Randall Friedman on behalf of the Navy Region Southwest.

The Navy's long-standing position has been that

shipping regulation in the Santa Barbara Channel would

move ships into the sea range and threaten its mission

capability.

Today we are supportive of your staff's

recommendation to amend this rule and take action to

protect the Point Mugu Sea Range, as you indicated in the

final statement of reasons you would do in the initial

regulation.

We ask for ARB's continued commitment to work

with all stakeholders, for example, the ports of Los

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Angeles and Long Beach, to take all feasible measures to

further support the return of shipping to the Santa

Barbara Channel.

Finally, just a quick comment in response to the

vessel speed reduction. I would just strongly urge you

that in any consideration of this, please remember that if

you only do this in the Santa Barbara Channel, we'll be

right back here with the same problem. Anything to do

with regulation of shipping needs to be done globally and

consistently and take full accounting of the economics of

shipping, the time, and the value; and needs to not create

any sort of incentive that would make a transit through

our sea range more attractive than staying in the Santa

Barbara Channel where we all believe they belong.

Thank you. And again thanks to your staff for

all the work they've done.

CHAIRPERSON NICHOLS: Thank you. You could have

said, "I told you so."

(Laughter.)

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: He

has said that to us.

CHAIRPERSON NICHOLS: It was very nice.

(Laughter.)

MR. FRIEDMAN: I thought that was privileged.

CHAIRPERSON NICHOLS: It was appreciated.

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All right.

MR. KROKOSKY: Good afternoon. I'm Dan Krokosky

from Chevron Shipping. I'm the global bunker fuel and

efficiency manager for the fleet.

Chevron Shipping has a wide variety of ships that

are operating in and out of the zone on utra-low sulfur

diesel. We've been doing this in order to develop the

lubricants and technical expertise in order to be running

on this fuel.

We're in favor of all of the changes you're going

to make and we've been in support of the fuel change for

the entire time.

The one comment we'd like to add is to move this

change from 2014 out to 2015. One of the reasons is for

practicality of using this sort of three-fuel scheme,

which is really practically hard to deal with both in and

out of the zone.

It's also unlikely that anybody's going to sell

this 1 percent fuel. So that -- we'd also like you guys

to take a strong look at this idea of viscosity of fuel.

This is a very important safety aspect and ones that not

all shipping companies have the expertise that we do in

order to ensure they have the right viscosity. This could

lead to a lot of problems with reliability of the ship,

especially when you're maneuvering the ship. One of the

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big dangers is the ship will not start. And of course the

starting and stopping of the ship is what gives the ship

its brakes. So again we'd really like to see a good look

at this viscosity issue.

The other comment is, to overcome some of the

shortfall in that one year is -- use this idea of virtual

arrival, where you actually don't let any of the ships in

to wait around the port. We found this to be very

effective in just our own energy efficiency program. And

by actually timing the ship's arrival all in so that the

berths are open, you can save a lot of energy and fuel on

that.

So please take these comments under

consideration. Thanks again.

CHAIRPERSON NICHOLS: Thank you.

Just one question before you leave.

BOARD MEMBER D'ADAMO: Can you explain what you

are looking for in viscosity of fuels. Are you saying

that this additional time will give you the ability to

look into that, or is there something more that you think

that staff needs to do on this?

MR. KROKOSKY: I think you have an opportunity to

set a viscosity. You set the sulfur level. You could

also set a viscosity -- a safe viscosity level.

We use -- you know, I like 2.8 is a good

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viscosity. Anything below that, you know, it's out of my

comfort range. And I think by setting this standard, you

could, you know, do a lot to ensure the safety of the

ships themselves. Because not everybody -- you know,

whatever limit you set or don't set, they will use it

anyway, right?

BOARD MEMBER D'ADAMO: Thank you.

CHAIRPERSON NICHOLS: Okay. Bonnie Holmes-Gen.

MS. HOLMES-GEN: Good afternoon, Madam Chair,

Board members. Bonnie Holmes-Gen with the American Lung

Association in California.

And the American Lung Association strongly

supported this oceangoing vessel regulation when it was

first adopted. We appreciate your hard work on this. We

believe this regulation is extremely important to address

the public health impacts from exposure to diesel ship

emissions. And we're very pleased with the success that

has been achieved to date, and we appreciate that 90

percent of the emission reductions have been achieved.

And we wanted to again thank you for the work

that you've done in coordinating with the Navy and the

Coast Guard and achieving some consensus and moving

forward.

Three quick points. That we strongly support the

proposal for the extended fuel zone -- clean fuel zone to

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regain lost emission reductions. And I appreciate the

presentation. It's made extremely clear how important

that is. So that's a very positive step forward.

And as with some of our colleagues with Coalition

for Clean Air and NRDC, we are strongly supportive of

implementing the .1 percent standard as soon as

possible -- the .1 percent sulfur.

And in light of the proposed delay, we would

encourage the Air Board to do everything possible to work

with the Coast Guard to address these loss of power issues

as soon as possible to make sure we can get back on track.

We do agree with the proposal to move ahead

quickly with the vessel speed reduction regulation. And I

think that is another very positive step we can take to

move forward, because it does look like there are

significant benefits from that regulation.

And I appreciate you, Madam Chair, raising again

that the vessels certainly comply early. And we would

certainly like to work with you and do everything possible

to promote early compliance with the .1 percent sulfur

standard to get these early health benefits. So I think

that was also a very important suggestion, and we would

like to look at ways we can try to encourage that early

compliance to move ahead.

Thank you again for your hard work. And this is

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a critical part of the Diesel Risk Reduction Program.

CHAIRPERSON NICHOLS: Thank you.

That concludes the list of witnesses that I have.

And so I think we can close the record at this point.

Just remind people that the record will be reopened when

we issue a 15-day notice of public availability. And at

that time we will be again accepting comments. But in

between there won't be any comments after this hearing

date. And when the record is reopened, then there'll be

an opportunity for more comments on the proposed changes

that will be addressed in the final statement of reasons.

Before we move to a vote on this item, I do just

really want to say how proud I am that the staff has been

able to successfully navigate, if I may, a very, very

difficult issue here. I understand that our friends in

the environmental and public health community do not

lightly come to support this kind of a change. And I

really appreciate it, because they are tough critics and I

think they have realized that we've actually done a pretty

good job here of making, as somebody said, lemonade out of

lemons.

But I also -- I do want to ask the staff to just

briefly address a couple of the points that we've heard

more than one time. One is the question of whether the

fuel will be available on the time frame that we're now

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projecting. Another is the question of whether we're

looking at this issue of vessel speed reduction in a

serious way and if there's a plan to bring that forward.

Also, I know you are looking at the fuel

viscosity issue. But maybe you'd like to report a little

bit more on where that's at, what kind of work is going

on.

And then, finally, on the last point that was

raised by Mr. Krokosky, this issue about vessels waiting

for berths and running their engines offshore. I know

that's been addressed in some ports as a -- I mean it's

like the air traffic control, a scheduling issue was an

important issue. And I don't know that we have any

jurisdiction on it. But I'd be interested to hear if

there's anything going on or anything that we could do.

So I'm not quite sure who would like to address

these, but --

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: Let

me kind of -- this is Dan Donohoue. Let me kind of

orchestrate that.

On the virtual arrival, Peggy, could you kind of

talk to that at least as far as that is part of the T6

goods movement area that we can look at. We've not been

involved in it, but that's an area that there probably are

opportunities that would fall into the work that we're

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doing on the overall freight transportation thing.

TECHNICAL ANALYSIS SECTION MANAGER TARICCO: Yes,

as part of the measure in our climate change plan to try

to improve the efficiency of freight operations in the

state, we will be looking at a broad range of measures to

see, you know, how to implement them and working with, you

know, the ports and the maritime industry to see which

ones make the most sense.

Seeing if we can move things quicker through the

ports is clearly one aspect of that, and we will look at

the virtual arrival aspects as well.

CHAIRPERSON NICHOLS: Okay. So you'll add that

to the list of things that are part of the discussion or

part of the review?

TECHNICAL ANALYSIS SECTION MANAGER TARICCO: Yes,

uh-huh.

CHAIRPERSON NICHOLS: Okay. Good.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: And,

Bonnie or Paul, on the issue of what we're doing and what

we have done with respect to viscosity, would you all like

to respond to that one?

STAFF AIR POLLUTION SPECIALIST SORIANO: I'll

start with that one. And then if Paul has some additions

to it, he can add them at the end.

In my presentation, I did mention that viscosity

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is one of the key issues in the distillate fuel. And it

does have significantly lower viscosity than the heavy

fuel oil. And so we have been looking at it -- we've

looked at it a number of ways, in terms of we have -- our

Enforcement Division, we have gotten all their records,

which is over, at the time, 4 to 500 samples, and we

looked at the viscosity of all those samples. And that

was one of the things that led us to propose this

extension, because we did find that the viscosity levels

of the fuels from .1 to .5 percent sulfur were 25 percent

higher than the viscosity for the fuel at .1. So that's

one of the issues.

Also, I talked about that enhanced fuel

specification. And I continued to give the wrong number

for the fuel specification, because I work on a testing

spec too. But there's a new fuel grade called DMZ, and it

has a three centistoke minimum fuel viscosity.

So we believe that this viscosity issue is being

addressed in a number of different ways by our Phase 1

extension and by these enhanced fuel specifications.

We also -- I think we would have to be very

careful in specifying a minimum viscosity level. It's

very dependent -- the engine manufacturers do have a

minimum that they specify for their engines. But it's

very -- the fuel viscosity is very specific on temperature

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and operation. And so for us to provide a minimum, I just

think it's too specific to the type of vessel.

So I think in terms of extending the Phase 1 and

the enhanced fuel specifications are two prongs that have

been used to approach that issue.

CHAIRPERSON NICHOLS: Well, obviously this is of

great interest to the shippers, to every -- it's a safety

issue. You know, loss of power is not something to take

lightly.

It seems to me that everybody's sort of converged

on viscosity as the answer or the problem. Are we clear

that that's the only thing that could be responsible for

the problems that have been experienced?

STAFF AIR POLLUTION SPECIALIST SORIANO: It is

one of the key issues. When California Maritime Academy

did the study, they found some other -- training, whether

the vessels operated in an automatic kind of setting or

whether there's an engineer that's actually down at the

engine. That can change some parameters.

But viscosity is one of the key fuel issues.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: But

as we've talked about this whole thing, there's a need to

continue to investigate this closely. That's one of the

reasons why it makes so much sense to have a delay right

now and not have another change within that. As we look

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at this more closely, we do think there may be other

things that will come up. But as we have, all these

people together, the experts both from the fuel, from the

engine side and all that, we think we can work through

this issue and certainly address the issues of both the

loss of propulsion and other operational issues that

they're seeing. And that's why we just think it makes

sense.

We from here -- you know, we have in place a very

concerted effort with all of the effected things,

particularly with the Coast Guard on working very closely

on these. We have a lot of additional things that we are

going to be requesting and following up on to see, as we

can delve deeper into this issue, to make sure that we

really are addressing it, particularly before we make the

next step down to the .1 sulfur fuel.

CHAIRPERSON NICHOLS: Well, Any time there's a

change in fuel, there's always a need for a very careful

rollout. So I'm glad to hear that you're working on that.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: Now,

would --

TECHNICAL ANALYSIS SECTION MANAGER TARICCO: I

just wanted to add one more thing.

The Coast Guard has been very helpful in this

matter. And we do have someone here today, Michael

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Boyce -- Do you want to raise your hand, Michael. He's

been excellent to work with. And they've been working to

get the word out too. As they learn things when they

investigate, like loss of propulsions, you know, they get

that information back out to the industry. And they have

a vested interest in making sure this works too, because

the ECA is right around the corner. And, you know, we

have the benefit now of we're learning. We're kind of the

pilot here. And the more we can understand this, the more

successful the ECA will be too, and I think we all want

that to happen.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: The

next one with respect to the VSR issue, Peggy, can you

respond to that one?

TECHNICAL ANALYSIS SECTION MANAGER TARICCO:

Yeah, I'll try to respond, and then you can add things

that I might miss.

Well, I think the Chairman is very familiar with

this, because I think the concept of slowing vessels down

has been around for a long time. I think we first started

looking at this back in the 90s. So we did make a

commitment to do a technical evaluation of vessel speed

reduction programs in the AB 32 Scoping Plan in our SIP

and a diesel risk reduction plan, that we would see, you

know, if it can work, how to implement it. Because of

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resource issues that's been delayed a little bit.

The good news is that even though it's been

delayed, there's a very successful program being

implemented at the two largest ports in the state, the

Port of Long Beach and Los Angeles, where they are slowing

vessels down. They have a very high rate of compliance in

part because they've incentivized the Vessel Speed

Reduction Program, that vessel operators will get a

reduced dockage fee if they slow their vessels down.

So I think a big chunk of the benefits that we

could get from a VSR program here in California is already

occurring, thanks to the ports.

We will still complete the technical report.

We've committed to do that, and we'll get going on that

later again this year. There's going to be some really

tough questions to answer though as we look at this.

Because, you know, what's the best way to implement this

type of a program? Is it voluntary? Is it regulatory?

Is the state the best agency to be mandating speeds for

ships? Or is another agency, an international body or the

Coast Guard? Are they in a better position to establish

those ship speeds?

The other thing we need to keep in mind here is

that what we're asking today is to try to keep the vessels

out of the sea range and get them back in the channel. A

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Vessel Speed Reduction Program could undo that work here

today and incentivize vessels to go back through the sea

range. So we need to keep that in mind.

We also have to keep in mind our longer term air

quality goals. As you look to the future, we know we're

going to have to get more reductions from ships. So we're

going to have to look at -- when we look at VSR, kind of

look at it in the context of a broader range of measures,

what's going to be the best way to get the next set of

reductions from vessels? And we will do that. We think

it's a little premature at this point to commit to

adopting a regulation to mandate vessel speed reductions,

but we do think there's merit in continuing to look at it

as a one way to reduce emissions, and we will do that as

we look at our program.

CHAIRPERSON NICHOLS: I understand the

explanation and I think it makes good sense. I just

think, you know, it would make also sense to include the

advocacy groups that have been working with us on trying

to defend this regulation and our authority in a very

difficult area to, you know, have them involved in looking

at the same kinds of analyses that you are. So I think

that will help us come up with something more sustainable

in the long run.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: We

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certainly will.

I think there's just two real short questions

left. One had to do with the .1 sulfur fuel availability.

And there were some comments made about early compliance.

About 40 percent of the samples that we've done so far is

at or less than .1 fuel. So there is a fair amount out

there. There are people using it. Looking at the

regional basis from where these came, we are seeing .1

fuel available in most of those regions, probably in

fairly limited quantities. Except for South Africa, we're

not seeing too much come out of there.

So we're doing pretty well on that. We are going

to follow this .1 sulfur fuel availability very closely,

because it's also linked to other fuel properties that

we're concerned about. So that's something that we're

going to be following. And if there is an issue on that,

we're certainly going to, you know, bring that back to you

all and let you know what's happening.

Then the final one was really why not go out to

2015. That does make a lot of sense from actually

dovetailing with the ECA. The issue is, as you saw in the

previous presentation, these reductions are very critical

SOx reductions. These are, as we talked about, essential

for achieving the PM SIP commitments, which come in in

2014. This regulation has provided about -- as is has

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provided about 50 percent of those reductions needed. So

that's -- you know, originally we looked at that as the

most practical way. But we have some air quality

requirements that we need to meet. And so that's why

we're recommending 2014.

CHAIRPERSON NICHOLS: All right. Thank you.

Dr. Balmes.

BOARD MEMBER BALMES: I just wanted to echo your

comments about the vessel speed reduction issue. I

appreciate from staff the complexity of this issue. And I

also appreciate from the Navy they don't want to see -- if

we're hoping to get the vessels through the channel

corridor not to reverse that by vessel speed reduction

concept that's not well thought through.

But I would encourage staff along with the

Chairman to try to navigate this difficult issue with the

various agencies. And, you know, maybe we're not the

right agency to spearhead this. But I think it would be

useful if we could figure out a way to amplify what's

already being done by the ports in Long Beach and L.A.

EMISSIONS ASSESSMENT BRANCH CHIEF DONOHOUE: Just

one final comment on that. We are seeing additional

movement on the international level to look at greenhouse

gas reductions from shipping. In fact, at the July IMO

meeting coming up, they are going to initially start

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looking at the idea of is it reasonable to try and get

emission reductions by some type of international vessel

speed reduction. So at least they're beginning right now

to start looking at that. I know the time line is

probably longer than what we usually like. But at least

it's up there for consideration, which is a good thing.

CHAIRPERSON NICHOLS: Considering how long it

took to get the IMO to address the sulfur issue, it's

practically warp speed.

BOARD MEMBER BALMES: I would just encourage us

to be actively engaged in those discussions.

CHAIRPERSON NICHOLS: We should be encouraging

that.

If there are no further questions -- we've

already closed the record. I should ask for any ex partes

communication. Yes, down here.

BOARD MEMBER BERG: I did have one phone call

with Coalition for Clean Air with Candice Kim and Martin

Schlageter. I should say that was on June 20th.

BOARD MEMBER BALMES: And I also had a phone call

on June 20th with Candice Kim, Coalition for Clean Air,

and John Kaltenstein, Friends of the Earth.

BOARD MEMBER D'ADAMO: Same phone call, June

20th, but adding Steven Sanders.

CHAIRPERSON NICHOLS: All right. Thank you all.

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May I have a motion to approve Resolution 11-25

which contains the staff recommendation?

BOARD MEMBER D'ADAMO: So moved.

BOARD MEMBER RIORDAN: Second.

CHAIRPERSON NICHOLS: All right. All in favor

please say aye.

(Ayes)

CHAIRPERSON NICHOLS: Any opposed?

Great. Thank you all very much. Good work.

Successful.

We are not quite done, although I think we may

lose a quorum. That doesn't prevent us from finishing

what we need to do.

We do have several persons who have requested to

testify during the open comment period, most of whom are

here to talk about the drayage truck regulation, although

Martin Schlageter had asked to talk to us about economic

benefits of the regulation.

So I'm going to ask our Vice Chair Ms. Riordan to

take the gavel such as it is. To take charge and thank

everybody for their attendance. And she and/or our

counsel will explain if we need to what the status of

these public comments is. Thank you.

ACTING CHAIRPERSON RIORDAN: Thank you, Madam

Chairman.

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First of all, let me invite people that are going

to speak under public comment, Martin Schlageter, Gloria

Stockmyer, Miguel Silva, Bill Aboudi, Dominick Lee, and

Ron Light to come down to the front row, please, and then

we will proceed.

Those of you who have participated under public

comment, remember that you do have our traditional

three-minute rule, just as we do during the hearings. And

so I'm going to ask that you observe that with the lights

as we have them.

And also to remind you that under public comment,

these are items that the Board has jurisdiction over but

that are not on the agenda. And we cannot take any formal

action today as a result of your testimony.

However, we can ask staff to investigate or work

with you or make some disposition perhaps of those issues

that you bring to us. Some are simply informational, and

I would assume that our first speaker is going to be more

of an informational one. And others may have some

requests. And we will handle it that way.

Martin, I'm going to begin with you. If you'd

give us your name, as all of you who are testifying, if

you would begin with your name. And if you're

representing an organization or a company, if you would

give us that information as well.

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So, Martin, let's start with you.

MR. SCHLAGETER: Thank you so much.

Martin Schlageter with Coalition for Clean Air.

I submitted through the Clerk to you an executive summary

of a paper the Coalition for Clean Air recently released.

ACTING CHAIRPERSON RIORDAN: We have that.

MR. SCHLAGETER: I wanted to share that with you

because it's a series of case studies showing business and

economic benefits from greenhouse gas and other pollution

regulations that have been initiated here at CARB.

The shipping clean, growing green, how companies

are earning more by polluting less at California ports.

Goes through a wide variety of sources in the ports of

freight transportation sector and gives case studies where

economic benefits are being achieved, efficiencies are

being found, new markets are being opened up, and green

technologies are being developed. And that is the vision

of greening the economy that is I know a part of our

California mandate here, of which CARB is so important.

One of the findings I want to highlight there in

this report to you is that it is a call for us

collectively to be resilient and committed to the

deadlines that we set when we set forth regulation.

Emerging companies and investors and green technology

developers and workforce training programs are all reliant

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upon the commitment you make when you set clean air

regulations. These clean air regulations are creating

markets. They're improving efficiencies, as I said. And

they're creating jobs here in California.

And so to stay committed to your deadlines and

stay committed to your standards allows investors and

emerging companies to plan and to be assured of the

marketplace that they are planning for and gaining

investment around. As we came across today, certainly

there are necessary changes that occur.

But know that to stay committed to your

regulations is one way of helping ensure that the green

economy continues forth. And these emerging companies,

which are feeding companies that are trying to comply with

your regulations, they need to be protected by a

commitment to those regulations. Companies that are

investing to comply need your continued vigilance in

rooting out companies that are trying to skirt compliance.

So these are -- this is a report that I think

you'll find useful and encouraging and I wanted to share

with you today as a way to raise my pom-poms as the

cheerleader for clean air regulations.

Thank you.

ACTING CHAIRPERSON RIORDAN: Thank you very much,

Martin. And we do have that and we will keep that.

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Okay. Next speaker will be Gloria Stockmyer.

MS. STOCKMYER: Good afternoon. My name is

Gloria Stockmyer, Stockmyer Trucking.

I'm here today to comment on the Board's decision

in December to dismiss staff's recommendations to offer

the same concessions and delayed rules to drayage trucks

that you have given to trucks governed by the truck and

bus regulations. Your decision shows your failure to

acknowledge the substantial investments made by many of

the 5400 drayage trucks that visit the Port of Oakland

regularly.

Based on information that CARB published, a lot

of the trucks went and purchased 2004, '05, and '06 engine

model trucks with the plan of retrofitting them. And now

they're being told that there are no certified filters or

retrofit devices. So these men and women are stuck with

trucks that are worthless. And they're stuck with

payments and they can't sell them. And if they were able

to sell them, they couldn go buy a 2007 model truck. But

because they've been de-valued by this decision, they're

going to be jobless.

And, you know, I really ask that you reconsider

and revisit this issue. Very important to a lot of

drivers. Thank you.

ACTING CHAIRPERSON RIORDAN: Thank you very much

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for your presentation. I think we'll take it all. And

because all of the speakers are on this subject, then

we'll respond at the end.

The next one speaker will be Miguel Silva.

MR. SILVA: Hi, members of the Board. My name is

Miguel Silva, and I work with Horizon Freight Systems in

the port of Oakland.

First of all, I wanted to thank you for

responding to my comments regarding your decision not to

send Phase 2 of the drayage truck rule back in December.

Unfortunately, the letter that I received from the Board

was extremely disappointing, not only because you denied

my request to reconsider your decision, but because the

reasons were inadequate. It failed to justify the

decisions to potentially put thousands of port drivers out

of business for minimal environment benefit, while

granting relief to non-port truckers.

You tell us that the Board found it necessary to

retain Phase 2 requirements to protect residents of the

impacted communities from exposure to diesel PM and ozone.

Yet, you failed to recognize the cleanest trucks in those

communities currently are the drayage trucks.

A 2010 air district study found an anticipated 40

percent in reduction in NOx emissions at the port due to

the replacement of many older polluting trucks that had

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occurred in Phase I implementation. But yet you continue

to allow significant emissions from non-port trucks

through those same communities and freeways.

The balance of emissions today has changed. And

there is no valid justification for widening the disparity

between the trucking rules. If the goal is to protect

communities like West Oakland, Phase 2 will not achieve

that goal.

You also say that the Board concluded that

retaining existing Phase 2 requirements would provide

fairness within the drayage truck industry to the truck

owners who have made greater investments in new trucks;

that delaying Phase 2 requirements would have favored

truck owners who have not yet invested in pollution

controls and penalizes the owner/operators of fleets

driving cleaner trucks.

This statement is elitist. It favors wealthy

companies and punishes the poor. Every truck that

currently serves the port of Oakland has made investments

in pollution control, be it by retrofitting the trucks or

by purchasing newer year model trucks that they could

afford. All have made sacrifices commensurate to their

economic situation. Phase I already has played a heavy

financial burden on port truckers. To ignore that seems

to be deliberately contemptuous of the plight of the

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working class. Many have gone out of business. Many have

incurred high interest rate loans and large amount of

debt. Port truckers have done their share and more to

meet State clean air regulation at a great personal cost.

Not delaying Phase 2 to favor a handful of

wealthy companies at the expense of thousands of

owner-operators made up of mostly low income minorities is

discriminatory. The Civil Rights Act of 1964 requires

your agency under State law to conduct your program,

policies, activities in a manner that ensures the fair

treatment of people of all races, cultures, and income

levels, including minority populations and low-income

population of the state.

I think it would be inappropriate and unlawful to

proceed to implement these policies without mitigating or

even looking at the impending devastating impact of your

decision.

Thank you for the time.

ACTING CHAIRPERSON RIORDAN: Thank you Mr. Silva.

Mr. Aboudi.

MR. ABOUDI: We've been here since 9:00. And my

name is Bill Aboudi. I'm with AB Trucking. I work at the

port of Oakland. I've been there since 1988.

And I've learned over the years that before you

punch somebody because they're stepping on your toe, you

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better tell them. So I want to tell you, you guys are

stepping on all of our toes at the port of Oakland. We've

had enough.

I've gone from 13 trucks to six trucks. We've

been suffering for the last three years. The promises

that were made to us are not kept. The money didn't come.

Then you call us something like an actor that came late to

the show, that we didn't apply early. It's bull. We

applied when the outreach was done. The money ran out.

Didn't run out for one or two. It ran out for 1300

people; 1300 people that stood in line day and night to

try to go through this process.

You've overcomplicated the system. I've attended

every drayage workshop that was in Oakland. We've

participated in everything. We tried to do everything.

This is not the way it was supposed to go. We were going

one year ahead of on-road rule. We're being backed by the

money, because we're the guinnea pigs. And we're being

slaughtered right now.

And you have to look at it. This is a very

dangerous situation. You can talk to Cynthia Marvin. You

can talk to Diane Bailey from NRDC. We have done our best

to comply with everything. We want to reduce pollution.

We live in those communities. We interact with that

community.

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But your decisions and what you're doing is not

correct. The 2004, '05, and '06, that rule was changed

after people were led to believe that that's an option

that they had. The years were shortened. Then we were

told that we didn't promise you that there was going to be

a DPF that would reduce NOx. We had hoped. What does

that mean? How do you make a law hoping that somebody was

going to do something? You have to make sure. Just like

with the earlier regulation, you're mandating. You're

watching. You're adjusting. You've adjusted it for

on-road rule. Why not adjust it for the port drayage

trucks that reduce the pollution by 50 percent, NOx by 40

percent?

We did that already. We upgraded our trucks. We

upgraded it on our own dime; 2700 of us upgraded on our

own dime. Didn't take a penny. 1300 got -- instead of

20,000, we got 5,000.

So we can always ask the military to go ahead and

give them some efficiency so they can do their test a

little faster and give us that $30 million that they burn

in one day. If you have that kind of money, we'll buy

brand-new trucks or the two-million-dollar bus.

ACTING CHAIRPERSON RIORDAN: Thank you.

Dominick Lee.

MR. LEE: Members of the Board, my name is

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Dominick Lee. I'm with VA Transportation in Oakland,

California. There's about 90 owner-operators working

there.

As you can probably already tell, we are a little

bit upset in Oakland at this decision that was made in

December. We are all, of us here, work in Oakland. We

are not one-time visitors. Especially like my guys, 90

owner-operators, 80 percent of my guys stay at the port

all day.

If you want to talk about emissions to problem

that were there previously and the correction that was

done is largely due to the community of truckers like me

and me colleagues here based in Oakland itself.

I also had the pleasure the past year to be on

the Truckers Work Group in Oakland where you sent your

staff members down on a monthly basis to talk about

amendments to be made to the drayage rule based on the

affects of the economy.

And I'm kind of a little bit -- not upset -- I

don't know if you were misinformed, but some of the basis

that we got from Mr. Goldstene on behalf of Chairman

Nichols was based upon drayage industry or the port

industry is rebounding. I don't know where you really got

that. We haven't responded or rebounded at all. I went

from having about 170 trucks in about 2006 to running

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about 80 trucks in the port of Oakland. There's about

half of that.

Now, if you look at Journal of Commerce, we may

have rebounded last year, but all steamship lines -- and I

believe my customers estimate money for us to trickle down

and be economically better. They've all lost hundreds of

millions of dollars in the first quarter. They're all

bracing for another 2009 where some steamship lines have

lost over a billion dollars. If there is to be any relief

made to the trucking community, it should come to the

drayage. It should come to the guys that have already

invested house payments and are seriously looking for

relief.

The gentleman here earlier talked about you need

to keep deadlines and technology and all that. I think

sometimes we jump ahead of the schedule and propose

deadlines when don't have technology. There is these guys

that went out there and bought 05-06 trucks with the

promise of technology to keep on working until 2020. You

don't have that available. And at this point, you're

proposing options for them that are just not viable at

this point.

It's a promise. If it's not there, then some

changes need to be made to make accommodations for these

truckers that want to stay at work. It's about fairness.

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And I think sometimes we all sit here and play a zero sum

game. I think there could be compromises that could be

made and keep everybody working.

I am seriously asking you guys to reconsider and

keep Oakland's port drivers working. Thank you.

ACTING CHAIRPERSON RIORDAN: Thank you, Mr. Lee.

Mr. Lee, the Committee that you mentioned just

briefly, how many are on that Committee that you just

mentioned?

MR. LEE: You're talking about the Truckers Work

Group?

ACTING CHAIRPERSON RIORDAN: Yes.

MR. LEE: Well, Truckers Work Group is a monthly

meeting put on the trucking community in the Port of

Oakland and is open to all terminal operators, steam ship

lines, and all trucking companies that serve the port of

Oakland, including truckers who come in from the valley as

well.

ACTING CHAIRPERSON RIORDAN: But individual

truckers can be there?

MR. LEE: Yes, ma'am. And actually, that's

really been the misinformation. I mean, for a year, you

sent staff down saying there's going to be amendments

made, extensions made to the filters, extension made to

their trucks. And, you know, within ten minutes, you guys

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change your mind as to take that away from them. That's

what I'm asking you --

ACTING CHAIRPERSON RIORDAN: But the group

represents pretty fairly all of the interests in the area?

MR. LEE: All of Oakland truckers, yes.

ACTING CHAIRPERSON RIORDAN: Thank you.

Appreciate that.

Mr. Light.

MR. LIGHT: Good afternoon, Madam Vice

Chairman -- is it -- and Board members. My name is Ronald

Light. I'm Executive Director of West State Alliance,

which is the Port of Oakland Truckers Trade Association.

I'd like to try to hit a few high points, if I may.

Our organization over the past six months has

submitted comments to Chairman Nichols, to the Board

members individually, to the Board collectively during the

last 15-day open comment period. We can only hope that

you avail yourselves of our written comments where we go

into great detail and analysis and documentary support of

our various positions.

I was coming here, I raised the question -- I

posed the question to myself what would be the best course

of action at the point in which to address all of you

today? What I believe that it is, is to question what

your intentions were on December 17th and whether or not

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the Board was fully aware and fully apprised of the

consequences of their actions and of their intentions when

you made the decision not to enact the delay to the Phase

2 NOx regulation, which would have postponed the rule from

2014 to 2020. So it's within that vein that I would like

to continue.

As a couple of my colleagues have alluded, a

research scientist at U.C. Berkeley, Dr. Rob Harley, was

commissioned by the ENAQMD to conduct a study this last

year to determine to what extent there had been emission

reductions from 2009 to the advent of the Phase I PM

regulation in January 1st -- or actually, it's more like

June of last year.

And as my colleagues have alluded, there was a

50 percent reduction in PM diesel emissions and an

unanticipated 40 percent reduction in NOx. And that's

extremely significant, because what it reflects is the

fact that as older trucks were phrased out and newer

trucks were purchased largely at the expense of the port

truckers themselves, it's created a vast unanticipated

improvement in NOx reductions, thereby eliminating the

need to remain consistent with the implementation schedule

for Phase 2 that had been adopted.

And in fact, staff had proposed, as you well

know, a delay in implementation of the Phase 2 rule until

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2020, in part to reflect the fact that there were far

fewer emissions being emitted into the atmosphere during

this period.

As my colleagues also have intimated, one of the

big issues was the fact that when the Phase 2 rule was

originally adopted by this Board, it was predicated on the

existence of not only PM filters, but of NOx reduction

filters. And in the case of vehicles of 2004, '05, and

'06 engines, the idea was that as those trucks required

diesel filtration that a dual purpose diesel and NOx

emission reduction filter could be purchased and

retrofitted. In fact, that does not exist. It has not

been developed. It's not been submitted to the CARB

Board. It's not been approved. It's not on the market.

So all of those 2700 truck owners have no option

when it comes time for them to retrofit their trucks.

They would do so -- this is with PM emissions filters.

They would do so with the fore knowledge that on January

1st, 2014, that their trucks would no longer be compliant

due to the NOx emissions rule. That means they need to

purchase a $20,000 filter and keep them in compliance for

perhaps one year.

I'm sorry I've gone over. I did have a few more

points to make.

ACTING CHAIRPERSON RIORDAN: I felt that because

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you represented a larger group, you could have 15 seconds

extra.

Mr. Light, I appreciate your comments. And I

thank you. And I'm going to have to tell you I have to

review your submittals. And maybe other Board members

will have some questions.

And I'm sorry, Board members, I didn't ask if

there were any questions on your behalf for any of the

other speakers. But this would be the time. And then I'm

going to ask staff to perhaps make some remarks and make a

suggestion about where we might go from here.

But first let me just invite any questions, if

there are any, Board members.

BOARD MEMBER BERG: I'd be interested in what

staff has to say.

ACTING CHAIRPERSON RIORDAN: Mr. Goldstene.

EXECUTIVE OFFICER GOLDSTENE: Thank you, Ms.

Riordan.

We'll ask Cynthia Marvin to provide a brief

overview and provide context of where we are. She can

respond to some of what you just heard.

ACTING CHAIRPERSON RIORDAN: And then perhaps

some direction what the next step might be. Why don't do

you the overview and response.

ASSISTANT DIVISION CHIEF MARVIN: Thank you.

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We certainly are very well aware of the level of

concern in Oakland. Have spent a fair amount of time

listening to those concerns, looking ourselves at what was

possible from the system standpoint, and also trying to

assess what the impact is in terms of the number of

trucks.

So the letter that Chairman Nichols had sent back

to Miguel Silva and the West State Alliance on behalf of

many of the truckers who spoke today really attempts to go

through each of the substantive issues that they raised

and provide the facts as we understand them.

I think in terms of overall context, we

absolutely are making progress, and happily so, in

reducing diesel pollution at west Oakland.

As Dr. Harley's study confirms, I think it's

important to note those improvements are due to a

combination of cleaner trucks, cleaner ships, cleaner ship

fuel, cleaner cargo handling equipment, really the whole

spectrum of sources that operate in that community. So

many of those are cleaner due to the Board's regulations,

but it's not solely trucks that are driving that

improvement. We're certainly happy for it, regardless.

In terms of where we go in the future, many of

these folks did submit comments in the 15-day comment

process on the changes to the drayage rule. So staff will

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be going through the prescribed process to evaluate and

respond to those comments.

Separate from the regulatory process, I've been

in some discussions with the city counsel member from

Oakland who has raised many of the same financial concerns

and expressed an interest in looking at how we can find

new ways to help finance additional upgrades at the port

of Oakland. And what we've talked about doing is trying

to combine the State's loan and loan guarantee programs

that are expanding right now, as Ms. Berg is well aware,

and perhaps combine those with funds generated or

developed by the city of Oakland so that there is a

stronger financing program available.

In the letter back from Chairman Nichols to the

West State Alliance, we did note the recovery or the

rebound at the Port of Oakland. That was not in the

analysis of any one company's economic state. It was a

statistical look at the amount of cargo that's flowing

through the Port of Oakland. And what we see by the Port

of Oakland's own statistics is that the cargo volumes have

returned to the pre-recessionary levels. So that tells us

that there is a need to stay vigilant in terms of

requiring cleaner trucks and also that ultimately that

business will provide a source to help finance those

cleaner trucks.

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ACTING CHAIRPERSON RIORDAN: Mr. Goldstene.

EXECUTIVE OFFICER GOLDSTENE: I think at this

point we are in the middle of the process of the 15-day

process where we will respond to the comments we've

received.

I agree with Cynthia that the letter from

Chairman Nichols already responded to the issues raised

here. And what we can do is make sure we distribute that

to the Board so you have that information.

ACTING CHAIRPERSON RIORDAN: Yes, Dr. Balmes.

BOARD MEMBER BALMES: Well, I appreciate your

comments, Cynthia.

But being from Berkeley, I know that the City of

Oakland is in a great financial straits. When you talk

about partnering with the city to try to generate some

more funds, is there any reality there on the city side?

Not to mention the State budgetary issues.

ASSISTANT DIVISION CHIEF MARVIN: Excellent

question. And that was part of my discussion with the

city counsel member.

I think I'm realistic enough not to expect the

city itself to provide funding. But what she was talking

about was looking at some of the economic development

funds that may be available for the city or some of its

subsidiaries, non-profits to apply for as a financing

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mechanism.

So I can't answer the question. I can just tell

you that there is a local elected official who wants to go

for that, try it, and we committed to work with her.

EXECUTIVE OFFICER GOLDSTENE: I've been corrected

by Mr. Fletcher. We did send the letter that Mary sent to

the Board already, but we can re-send it.

MR. ABOUDI: Can I have a rebuttal?

ACTING CHAIRPERSON RIORDAN: No. I think based

on fairness --

MR. ABOUDI: But there's wrong information being

dished out.

ACTING CHAIRPERSON RIORDAN: I realize there's a

disagreement --

MR. ABOUDI: It's not a disagreement. It's

inaccurate information that's been dished out to the

Board.

EXECUTIVE OFFICER GOLDSTENE: We'll finish the

rule making process. In that forum and in that context,

we will reply to the comments.

ACTING CHAIRPERSON RIORDAN: And I think, Mr.

Goldstene, then what -- after you've done that, I think

because of the interest shown by the speakers that then

the -- it would be helpful if you then made that

information available to us. Lots of times after the

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15-day comment period is over or the period is over, then

we just -- that moves on. I think in this case perhaps

we'd like to be a little bit more aware of the response.

In terms of looking at opportunities for funding,

realistically, cities are in straits now. State is in a

straight.

If the port has come back financially -- well,

not financially. Let's say the trade or the commerce

there has come back, is the port doing anything to help in

this regard at all? No. All right. No.

ASSISTANT DIVISION CHIEF MARVIN: Unfortunately,

no. But that would certainly be another potential source

of funding to help the sort of financing program.

ACTING CHAIRPERSON RIORDAN: Have we contacted --

forgive me, because you probably have told me this and I

just don't remember.

Have we contacted them? Have we asked them?

Have we worked with them at all to see if there was any

interest in helping?

ASSISTANT DIVISION CHIEF MARVIN: We've certainly

had that discussion, both the Air Resources Board staff

and the Bay Area Air Quality Management District staff

have had that discussion repeatedly with the port of

Oakland. But we are willing to have that again.

ACTING CHAIRPERSON RIORDAN: I think it would

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bear, you know, doing it again.

I think sometimes if people are presented as we

have been today with some of the individual stories, you

know, maybe there would be an interest.

I don't know if there is a model to follow in the

ports of Long Beach and L.A. Maybe there is a model

there. Do I not remember they did something?

ASSISTANT DIVISION CHIEF MARVIN: Down in

southern California, the two big ports were very

aggressive in both setting their own requirements for

access to the port for cleaner trucks. They established a

dirty truck fee. They raised money by allowing those

dirty trucks to come to the port prior to the ARB

regulation. And they took that money, and then a number

of port operators revenues and greatly subsidized the

transition to cleaner trucks.

The port of Oakland contributed $5 million to the

overall funding program that was implemented in 2009 and

2010. But it is a much smaller contribution proportional

than the southern California ports. They considered doing

a gate fee and a similar program to the L.A. and Long

Beach situation, and the Oakland Port Commissioners

declined to pursue that approach.

ACTING CHAIRPERSON RIORDAN: Are they governed

similarly -- the three ports -- in other words, is there

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any difference in the governance and the way it's set up?

ASSISTANT DIVISION CHIEF MARVIN: I think there

are some technical differences. But from a general sense,

I would say each of the ports are run by an appointed

Board of Commissioners or the Port of Harbor Commissioners

generally appointed by the cities where those ports are

located. So in Oakland, the Mayor appoints the Boards of

Port Commissioners.

BOARD MEMBER BERG: But they do run

independently.

ACTING CHAIRPERSON RIORDAN: But I'm trying

decide where to put the -- I mean, we obviously need to

have a discussion, we and Bay Area and all. But I'm

looking at those who are in the audience and I'm thinking

where would their time be best spent if we were looking

for some additional resources that would mirror what's

happening down in the other two ports.

And I'm going to make a suggestion -- not knowing

the exact governance and how they're set up. But usually

the Port Commissioners or Board members, however this

governance is designed, they need to hear from you. And

you may have been there many times. But if we go and

talk, you go and talk, maybe something can happen based on

our belief that commerce has returned to that port.

Now, if it hasn't, then that's a different story.

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But if it has, then I think the case could be made that

you need to be there along with us, not physically in the

same room at the same time, but there at their public

meetings and we at our meetings. And that's what I'm

going to suggest to everybody.

But I would like our staff -- if the Board agrees

with me -- to go back and have another conversation with

them and explain to them what has happened in the other

ports and that there is a real interest on our part to see

some effort being made to help with the finances.

EXECUTIVE OFFICER GOLDSTENE: We'll talk to the

port and the air district. And we'll also keep the Board

informed as we move forward on completing the 15-day

process.

ACTING CHAIRPERSON RIORDAN: Thank you. Thank

you, Mr. Goldstene. Any other comments, Board members?

With that, then we'll adjourn our meeting. And I

thank you very much.

(Thereupon the California Air Resources

Board meeting adjourned at 3:43 p.m.)

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CERTIFICATE OF REPORTER

I, TIFFANY C. KRAFT, a Certified Shorthand

Reporter of the State of California, and Registered

Professional Reporter, do hereby certify:

That I am a disinterested person herein; that the

foregoing hearing was reported in shorthand by me,

Tiffany C. Kraft, a Certified Shorthand Reporter of the

State of California, and thereafter transcribed into

typewriting.

I further certify that I am not of counsel or

attorney for any of the parties to said hearing nor in any

way interested in the outcome of said hearing.

IN WITNESS WHEREOF, I have hereunto set my hand

this 9th day of July, 2011.

TIFFANY C. KRAFT, CSR

Certified Shorthand Reporter

License No. 12277

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